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Land Acquisition & Resettlement Plan (LARP) __________________________________________ Project Number: 47024-004 Loan Number: 3470-PAK Document Type: Final May 2019 PAK: Pehur High Level Canal Extension Project Land Acquisition and Resettlement Plan for LOT-1 Prepared by: Khyber Pakhtunkhwa Irrigation Department for the Asian Development Bank (ADB).

Land Acquisition & Resettlement Plan (LARP)€¦ · Land Acquisition & Resettlement Plan (LARP) _____ Project Number: 47024-004 Loan Number: 3470-PAK Document Type: Final May 2019

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Page 1: Land Acquisition & Resettlement Plan (LARP)€¦ · Land Acquisition & Resettlement Plan (LARP) _____ Project Number: 47024-004 Loan Number: 3470-PAK Document Type: Final May 2019

Land Acquisition & Resettlement Plan (LARP)

__________________________________________

Project Number: 47024-004 Loan Number: 3470-PAK

Document Type: Final

May 2019

PAK: Pehur High Level Canal Extension Project

Land Acquisition and Resettlement Plan for LOT-1

Prepared by:

Khyber Pakhtunkhwa Irrigation Department for the Asian Development Bank (ADB).

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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.

The Land Acquisition and Resettlement Plan is the document of the borrower. The views

expressed herein do not necessarily represent those of ADB’s Board of Directors, Management,

or staff. These documents are made publicly available in accordance with ADB’s Access to

Information Policy and as agreed between ADB and the Khyber Pakhtunkhwa Irrigation

Department.

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.

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LAND ACQUISITION & RESETTELMENT PLAN

PROJECT MANAGEMENT OFFICE (PMO)

KHYBER PAKHTUNKHWA IRRIGATION DEPARTMENT

GOVERNMENT OF KHYBER PAKHTUNKHWA

PEHUR HIGH LEVEL CANAL EXTENSION PROJECT ADB LOAN NO. 3470 � PAK

LOT-I: JANDA BOKA PRESSURE PIPE & IRRIGATION

SYSTEM

MARCH, 2019

PROJECT IMPLEMENTATION CONSULTANTS:

Engineering Consultants (Pvt.) Ltd, Sri Lanka (Lead Firm) Techno Legal Consultants (Pvt.) Ltd, Pakistan (JV Firm) AGES Consultants, Pakistan (JV Firm) Geotechnical Consultancy Services, Pakistan (JV Firm)

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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan

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ADB Loan 3470-PAK: Detail Design of PHLCE Project

Lot-I: Janda Boka Pressure Pipe & Irrigation System

Land Acquisition & Resettlement Plan

TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................................................ i

LIST OF TABLES .................................................................................................................... iv

LIST OF FIGURES .................................................................................................................. v

PEHUR HIGH LEVEL CANAL EXTENSION PROJECT ........................................................ 1

EXECUTIVE SUMMARY ....................................................................................................... 1

1 INTRODUCTION ................................................................................................ 1-1

1.1 Background ........................................................................................................ 1-1

1.2 Project Objectives ............................................................................................... 1-1

1.3 Project Description .............................................................................................. 1-1

1.4 Design Detail of Lot-I: ......................................................................................... 1-5

1.5 Objectives of the LARP ....................................................................................... 1-6

1.6 Alternative Options for Minimizing the Resettlement Impacts .............................. 1-7

1.7 Width of Lot-I, Janda Boka Irrigation System RoW ............................................. 1-7

2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT ................................ 2-1

2.1 General ............................................................................................................... 2-1

2.2 Scope of Land Acquisition................................................................................... 2-1

2.3 Methodology and Proceedings: ........................................................................... 2-1

2.4 Collection and Review of Secondary Data/Information ........................................ 2-2

2.5 Pre-Test of Questionnaire ................................................................................... 2-3

2.6 Collection of Primary Data .................................................................................. 2-3

2.7 Project Impact Assessment ................................................................................. 2-3

2.7.1 Impact on Land ................................................................................................... 2-4

2.7.2 Impact on Private Structures ............................................................................... 2-5

2.7.3 Impact on Crops ................................................................................................. 2-6

2.7.4 Impacts on Trees ................................................................................................ 2-6

2.7.5 Summary of Affected Assets and DPs ................................................................ 2-6

2.8 Asset Valuation ................................................................................................... 2-9

2.8.1 Valuation of Land ................................................................................................ 2-9

2.8.2 Valuation of Structures ...................................................................................... 2-10

2.8.3 Valuation of Crops ............................................................................................ 2-10

2.8.4 Valuation of Trees ............................................................................................ 2-11

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2.8.5 Physical Displacement of DPs .......................................................................... 2-12

3 SOCIO-�������� ����������� �� �� � � �������� .......... 3-1

3.1 ���� ��������� ������� ��! ............................................................................. 3-1

3.2 Education and Literacy Levels of Members of DPs Households.......................... 3-1

3.3 Income and Expenditure of the Sample Respondents ......................................... 3-1

3.3.1 Land Holding Status of DPs ................................................................................ 3-3

3.3.2 Vulnerable Households ....................................................................................... 3-4

3.3.3 Ethnicity .............................................................................................................. 3-4

3.3.4 Available Social Amenities in the Project Area .................................................... 3-5

3.3.5 Housing Conditions ............................................................................................. 3-5

3.4 Gender Survey .................................................................................................... 3-6

3.4.1 "���!�� #��� �! $�%��-economic Activities ........................................................ 3-7

3.5 Conflict Resolution Mechanism in the Project Area ............................................. 3-7

3.6 Indigenous Peoples (IP) ...................................................................................... 3-8

3.7 Impact on Historical, Cultural and Religious Structures ....................................... 3-8

4 LEGAL FRAMEWORK, POLICY AND ENTITLEMENT ..................................... 4-1

4.1 General ............................................................................................................... 4-1

4.2 �&'�� &!�� (&) &!� #�*ulations on Land Acquisition and Resettlement ............. 4-1

4.2.1 Constitution of the Islamic Republic of Pakistan (1973) ....................................... 4-1

4.2.2 Land Acquisition Act (1894) ................................................................................ 4-1

4.3 +�,�� -!.���! &/0 #��� ����! ����%0 +�,�� $&1�*�&/� ����%0 $ & ���! 2334

4-3

4.4 Comparison of Key LAA and ADB SPS-2009 and Measures to Address the Gap4-5

4.5 Eligibility and Entitlements .................................................................................. 4-7

4.6 Entitlements ........................................................................................................ 4-8

4.7 Compensation for DPs with Legal and Administrative Impediments .................. 4-10

5 COMPENSATION, RELOCATION AND INCOME RESTORATION ................... 5-1

5.1 General ............................................................................................................... 5-1

5.1.1 Additional Assistance for Vulnerable Households ............................................. 5-1

5.2 Livelihood Support Intervention Measures .......................................................... 5-1

6 INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ....... 6-3

6.1 Project Stakeholders ........................................................................................... 6-3

6.2 Public Consultations along the Project Alignment ............................................... 6-3

6.3 Consultative Discussions with Women ................................................................ 6-4

6.4 Concerns Regarding the Project ......................................................................... 6-4

6.5 Consultations with DPs ....................................................................................... 6-4

6.6 Information Disclosure ........................................................................................ 6-5

7 INSTITUTIONAL ARRANGEMENTS ................................................................. 7-6

7.1 Project Steering Committee ................................................................................ 7-6

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7.2 Khyber Pakhtunkhwa Irrigation Department (KPID) ............................................ 7-6

7.3 Project Implementation Consultants .................................................................... 7-6

7.4 LAR Coordination Committee ............................................................................. 7-7

7.5 External Resettlement Monitor ............................................................................ 7-7

8 GRIEVANCE REDRESS MECHANISM .............................................................. 8-8

8.1 TOR of Grievances Redressal Committee at Project Level ................................. 8-8

8.2 TOR Grievances Redressal Committee at Field Level ........................................ 8-9

8.3 Organogram ..................................................................................................... 8-11

9 IMPLEMENTATION SCHEDULE OF LARP ....................................................... 9-1

10 RESETTLEMENT BUDGET ............................................................................. 10-1

11 MONITORING AND EVALUATION .................................................................. 11-1

11.1 Internal Monitoring ............................................................................................ 11-1

11.2 External Monitoring ........................................................................................... 11-2

11.3 Purpose and objective ...................................................................................... 11-2

11.4 Major Tasks of ERM ......................................................................................... 11-3

11.5 Monitoring Indicators ......................................................................................... 11-4

11.6 Methodology of External Monitoring .................................................................. 11-4

11.7 Reporting Requirements ................................................................................... 11-5

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LIST OF TABLES

Table 1. 1: Lot-wise Component of PHLCE Project .............................................................. 1-2

Table 1. 2: Salient Features of PHLCEP LOT-I Irrigation Component ................................. 1-5

Table 1. 3: Structures on PHLCEP LOT-I Irrigation Component .......................................... 1-6

Table 1.4: Lot-I: Summary of ROW of Janda Boka Irrigation System of PHLCE Project ...... 1-8

Table 2. 1: Land Required for Lot-I by Type and Mouza-Wise .................................................. 2-2

Table 2.2: Lot I - Category of Impacted/ Acquired Private Land Mouza-wise ........................ 2-4

Table 2.3: Degree of Impact on Agricultural Land in Lot-I ..................................................... 2-5

Table 2.4: Private Structures in ROW of Lot-I....................................................................... 2-5

Table 2.5: Area of Cropped Land and Crop Yield in Lot-I ..................................................... 2-6

Table 2.6: Non-Fruit and Fruit Trees under impact in Lot-I ................................................... 2-6

Table 2.7: Summary of Affected Assets and DPs ................................................................ 2-7

Table 2.8: Summary of Affected Assets ............................................................................... 2-7

Table 2.9: Number of HH with Production land affected ....................................................... 2-8

Table 2.10: Summary of Impacts ......................................................................................... 2-9

Table 2.11: Valuation of Land (Mouza and Category-wise) by District Collector, Swabi ..... 2-10

Table 2.12: Valuation of Structures .................................................................................... 2-10

Table 2.13: Valuation of Crop Land Mouza-Wise ............................................................... 2-11

Table 2.14: Affected Non-Fruit Trees in Lot-I ..................................................................... 2-11

Table 2.15: Affected Fruit Trees in Lot-I ............................................................................. 2-12

Table 3.1: Literacy Rate and Education Level of Members of DP�� Households ............... 3-1

����� �� ��� ������ �� ��� ��� ������� ������� ������ �� ���� � ������ ................ 3-2

����� �� � !"������ ��� �� ���� � ������� ...................................................................... 3-3

Table 3. 4: Land Holding Status of Surveyed DPs ................................................................ 3-4

Table 3. 5: Categories of Vulnerable Households among the Surveyed DPs ....................... 3-4

Table 3. 6: Access to Social Amenities in Lot-I Project Area ................................................ 3-5

����� �� # � ���� $�������� �� % ������ ���� .................................................................. 3-6

Table 3. 8: Locations and Number of Participants of Consultations with Women ................. 3-6

����� �� & '������ (��� �� %����-economic Activities ....................................................... 3-7

����� )�* %������ +��� ��� �� ��,������� -�� *.&) ............................................................. 4-2

����� )� ���������� ���/��� ��,������� -�/0 ��1 ������ ��� ��asures to Address the Differences or Gaps ............................................................................................................. 4-5

Table 4. 3: Entitlement Matrix for Compensation .................................................................. 4-9

Table 8. 1: Grievances Redressal Committee at Project Level ............................................. 8-8

Table 8. 2: Grievances Redressal Committee at Field Level ................................................ 8-9

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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan

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Table 8. 3: Community Complaints/Grievance Redress Process/mechanism. ................... 8-10

Table 9. 1: Implementation Schedule of LARP for Lot-I ........................................................ 9-1

Table 10. 1: Detail Budget of Land Mouza and Category wise for Lot-I .............................. 10-1

Table 10. 2: Detailed Budget for LARP of LOT-I, PHLCE Project ....................................... 10-1

LIST OF FIGURES

Figure 1.1: Location Map PHLCE Project ............................................................................. 1-3

Figure 1. 2: Location Map For Janda Boka Area (Lot-I) ........................................................ 1-4

Figure 8. 1: Institutional set-up for the Implementation of LARP ......................................... 8-12

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LIST OF ANNEXURES

Annexure-1: Draft Notification of under Section-4 for Lot-I

Annexure-2: Questionnaire for Data Collection

Annexure-3: Urdu Brochure

Annexure-4: Demand Bills of the Deputy Commissioner, Swabi

Annexure-5: Census of Affected Persons/ DPs

Annexure-6: List of Consultation Meetings with Community/ Stakeholders

Annexure-6A: Consultation Meeting Attendance Sheets

Annexure-7: Notification of District Price Assessment Committee

Annexure-8: Photographs

Annexure-9: Notification of Project Steering Committee

Annexure-10: LAR Notification

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ADB Loan 3470-PAK: Lot-I: Land Acquisition and Pehur High Level Canal Extension Project Resettlement Plan

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ABBREVIATIONS

ADB Asian Development Bank

C&W Communication and Works

CAP corrective action plan

CCA culturable command area

CCR community complaints register

DFO district forest officer

DGSD Director General Small Dams

DH displaced household

DMS detailed measurement survey

DPAC district price assessment committee

DPC displaced persons committee

DP displaced person

EA executing agency

ERM external resettlement monitor

GPS global positioning system

GRC grievance redress committee

HPK Halcrow Pakistan (Pvt) Limited

IA implementing agency

ICS Integrated Consulting Services (Pvt) Limited

IDC International Development Consultants

IMR internal monitoring report

IP indigenous people

KP Khyber Pakhtunkhwa

KPID Khyber Pakhtunkhwa Irrigation Department

KPWRSP Khyber Pakhtunkhwa Water Resources Sector Project

LAA Land Acquisition Act 1894

LAC land acquisition collector

LAR land acquisition and resettlement

LARP land acquisition and resettlement plan

MIS management information system

NTP notice to proceed

OFWM on-farm water management

OPL official poverty line

PC-1 Planning Commission- 1

PHED Public Health Engineering Department

PHLCE Pehur High Level Canal Extension

PIU project implementation unit

PMO project management office

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POL petroleum, oils, & lubricants

PPTA project preparatory technical assistance

PRA participatory rapid appraisal

PSC project steering committee

RoW right of way

SIA social impact assessment

SPS Safeguard Policy Statement 2009

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DEFINITION OF TERMS

The following terms and definitions have been used in this land acquisition and resettlement plan (LARP). Affected Household: All members of a household residing under one roof and operating as a single economic unit and are adversely affected by the Project, or any of its components. It may consist of a single nuclear family or an extended family group. CoI (Corridor of Impact): CoI is working area falling within RoW or outside the ROW. It is generally used to restrict to carry out any civil/development activity. Compensation: Payment in cash or in kind of the replacement cost of the acquired assets. Cut-off-date: The date that establishes DPs� eligibility to receive compensation for affected assets and to receive rehabilitation assistance. Any person who enters in the area after the announced cut of date or any assets established in corridor of impact after cut-off date will not be eligible for compensation Displaced Person (DP): 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 involuntary acquisition of land for the Project. Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation, which are due to DPs, depending on the nature of their losses, to restore their economic and social base. Income Restoration: Includes re-establishing income sources and livelihood of the DPs according to their status. Involuntary Resettlement: Any physical or economic displacement where the DPs have no right to refuse the land acquisition by the state that result in their displacement. This occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation. Indigenous People: Refers to �ethnic minorities�, �cultural minorities�, �tribes�, �natives�, �indigenous cultural minorities� and �aboriginals� whose social or cultural beliefs and practices are distinct from the mainstream society and are, therefore, at greater risk of being disadvantaged in the development process. Land Acquisition: The process whereby a person is compelled by a government agency to acquire all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for compensation. Market Value: The value of an asset determined by market transaction of similar assets and finally arrived at after negotiations with the owners. It includes transaction costs and without the depreciation and deductions for salvaged building material. Marginally Affected: Land or structure is affected less than 10 percent and the remaining portion is still viable for use.

Participation: A process that allows other stakeholders to influence and share control over

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development initiatives, decisions and the use of resources that affect them. Relocation: The physical relocation of a DP from her/his pre-Project place of residence or business. Replacement Cost: The value determined to be fair compensation for land based on its productive potential, the replacement cost of houses and structures (current fair market price of building materials and labor without depreciation or deductions for salvaged building material), and the market value of residential land, crops, trees, and other commodities. Resettlement Effect: Loss of physical and non-physical assets; including homes, communities, productive land, income-earning assets & sources, users of resources, cultural sites, social structures, networks/ties, cultural identity and mutual help mechanisms. Severely Affected: DPs who will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). Squatters/ Informal Settlers: People who occupy and use land without having any legal title, or right to use/possess the land/asset. Stakeholders: Include the DPs and communities, proponents, private and public businesses, the host communities and other concerned departments/agencies that may be affected, benefit, have a role in the implementation or may influence the Project. Vulnerable Groups: The marginalized or those distinct households or people who might face the risk of marginalization and suffer disproportionately from resettlement affects. These may include households with income below the poverty line, the landless, households headed by an elderly, female headed households, women and children, indigenous peoples, and those without legal title to land.

Barani Land: It is an agricultural and cultivable land, the crops of which have no source of

irrigation other than rainfall. This type of land is usually sown with single crop in a year, mostly

in Rabi season when temperature decreases. The major crop of Rabi is Wheat.

Local Terms

Jirga: An assembly of local elders convened to resolve community concerns. Kharif: Summer cropping season of the year (15th April - 15th September). Rabi: Winter cropping season of the year (15 September - 15th April). Mouza (Village): A demarcated territory for which separate revenue record (Cadastral map) is

maintained by the Revenue Department. Pacca: House or building with concrete construction with burnt bricks. Semi-Pacca: House or building constructed with burnt bricks and mud Kacha: House constructed with un-burnt bricks and mud, or temporary wooden

poles. Patwari: Revenue record keeper at the village/ Mouza level. Qanoongo: Officer-in-charge of the patwari. Shamlat: Communal Land Tehsil: A sub-district 1 Marla: 272.25 sq foot 1 Kanal: 20 marlas 1 Acre: 08 kanals

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PEHUR HIGH LEVEL CANAL EXTENSION PROJECT

EXECUTIVE SUMMARY

1. The Government of Pakistan has received a loan from the Asian Development Bank

(ADB) for financing the cost of preparation of detail Engineering Design and Construction of

PHLCE Project in District Swabi of Khyber Pakhtunkhwa Province.

2. The Project envisages extension of the PHLC through two main pressure pipes off taking

from the Gandaf Tunnel of Tarbela Dam and with downstream canal system to irrigate a gross

command area (GCA) of about 14,000 hectare (ha) and cultivable command area (CCA) of

12,354 hectare (ha), out of which an area of 7,930 (ha) is to be commanded under this project

while an area of 4,424 hectare (ha) will brought under command in future.

3. Prior to induction of Project Implementation Consultant, a draft LARP for the entire project

was prepared by PPTA consultant and was approved by ADB. Now after approval of the final

design report the project is divided in to three lots for construction purpose each with independent

land acquisition and compensation component. Hence three LARPs (one for each lot) is being

prepared. This LARP is for Lot-I. LARP schedule is illustrated in Chapter 9. Detailed design and

bidding process has been completed for all the three lots.

4. The Khyber Pakhtunkhwa Irrigation Department (KPID) is the executing agency (EA) and

implementing agency (IA) for the construction of canal infrastructure. The other IA is the

Provincial Agriculture Department (KPAD)/Director General On-Farm Water Management

(OFWM) for their respective component of the project. Project management office (PMO) has

been established in June 2017 at Irrigation House Gohati Swabi to manage all the preparatory

activities associated with LARP. The PMO is headed by a Project Director responsible for

execution and implementation of LARP and also to ������ ��� ������� � ����� � � ������

implementation. The Director PMO, with the assistance of social safeguard staff is responsible

for the timely updating, implementation and monitoring of LAR activities.

5. Notification under Section-4 (Annexure-1) of Land Acquisition Act for Lot-I was issued by

the District Collector (DC) Swabi on 10 April 2018. Katha-wise list of registered names (2210) on

the land which is being acquired for Lot-I was provided by the DC Swabi based on the partially

updated land records on 10 January 2019. Based on this list, a survey of all the actual and present

owners/claimants and other DPs like leaseholders, renters and workers) was conducted and

completed on January 31, 2019 to obtain socio-economic data. One hundred fifty-five (155) DPs

were identified. Out of which, 146 responded to the questionnaire, while 9 DPs refused to give

any data. Socio-economic information on the 9 DPs were obtained from neighbors and adjacent

landowners.

6. This land acquisition and resettlement plan (LARP) has been prepared based on the

approved design and alignment of the canal network, pressure pipeline and allied structures. The

major objective of this LARP is to assess the type and magnitude of land acquisition and

resettlement (LAR) impacts, eligibility and entitlement of compensation; institutional

arrangements for the implementation of LAR activities as well as redressal of community

complaints, implementation schedule and conducting internal and external monitoring.

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7. A total of 62.28 acres of land is required for Lot-I of PHLCE Project. Out of which, 61.84

acres is privately-owned by including 45.24 acres (361.95 kanal) of barani (rain-fed) land

owned/claimed by 67 DPs, 9.9 acres (79.2 kanal) of chahi (irrigated) land owned/claimed by 15

DPs and 6.7 acres (53.6 kanal) of ghair mumkin (uncultivable) land owned/claimed by 7 DPs.

Around 0.44 acres (3.52 kanal) is government-owned land for which a no-objection certificate

(NOC) from the respective department will be issued.

8. Of the 89 owners of land, 82 DPs own productive agricultural land. These DPs, along with

10 leaseholders, 40 sharecroppers and 16 tenants will lose income from crops. Most of whom

are planting crops during rabi (winter) season only. Twenty-five DPs will lose 660 non-fruit trees,

while 12 DPs will lose 140 fruit trees. Two (2) privately-owned stone masonry retaining walls

owned by 2 DPs will be demolished. No physical displacement of household or loss of residential

structure is involved in Lot-I, hence income rehabilitation assistance is not involved in this LARP.

Sixty-four (130) DPs will lose 10% or more of their agricultural land and will be provided with

severity allowance. Similarly, 36 DPs have been identified eligible for vulnerable allowance.

9. To determine the cost of land being acquired, a district price assessment committee

(DPAC) has been notified by DC Swabi. Mouza-wise price for each type of land were fixed by

the above committee on 21 December 2018. To work out its distribution amongst the DPs, the

census of DPs has been considered. The DC Swabi office while distributing this amount will

prepare its own acquaintance roll based on land record and supporting documents provided by

the current/actual land owners. The validated/verified acquaintance roll will serve as the final list

of DPs and their respective share in the compensation for the affected land and non-land assets.

Total budget for Lot-I is Rs. 290.89 million.

10. Grievances redressal committee, one at the project level and two at the field (tehsil) for

Lot-I have been notified with their respective TORs. Each committee has female representation

as well. For the information of general public, a brochure in Urdu language describing the salient

feature of project and its benefits to the area inhabitant have been displayed at the union council

office and DC office. A total of 34 consultation meetings were conducted during the design period.

The PIC female representative had arranged special meetings with women and they were made

aware of the salient features of the project and its benefits.

11. The LAR activities will be monitored both internally and externally. Internal monitoring will

be conducted by the PMO (social safeguard staff), while external monitoring will be carried out

by a qualified external resettlement monitor (ERM) who has been hired through Project

Implementation Consultants (PIC) PHLCE.

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1 INTRODUCTION

1.1 Background

1. In March 2015, the ADB and Government of KP agreed to proceed with a stand-alone

loan for Pehur High Level Canal Extension Project. The investment project is being implementing

on the basis of updated feasibility studies; detail engineering design, cost estimates, and Planning

Commission Proforma No.1 (PC-1) of the project is being reviewed and updated where

necessary. The project will create new irrigation system to enhance agricultural production in

7,930 ha in Swabi district of Khyber Pakthunkhwa Province. The project will increase crop

intensity by 166%, improve crop yield and increase farm-related income. It will directly benefit

over 15,000 rural people, mostly poor. The project will (i) construct about 94 km new irrigation

canals, and (ii) build farmers capacity. The project has involuntary resettlement impacts. As per

ADB policy, projects involving land acquisition and resettlement impacts are required to prepare

and disclose a land acquisition and resettlement plan (LARP).

2. A draft LAP based on the feasibility study was prepared and approved by ADB and

disclosed during the processing of the Project. This updated LARP is prepared based on the

detailed measurement survey (DMS) conducted by the project implementation consultant (PIC)

and valuated by the respective government departments for Lot-I: Janda Boka and Malikabad

area following the approved detailed design and final alignment and data provided by District

Collector (DC) office, Swabi. A final/implementation-ready LARP approved by ADB reflecting final

impacts, DP list and official compensation rates and mobilization of the external resettlement

monitor (ERM) are conditions for the award of civil works contract, while full implementation of

the compensation program described in the updated/final LARP including the full delivery of

compensation to the DPs and submission of a compliance report by the ERM is a condition

for issuing the notice-to-proceed with the civil works.

3. The Khyber Pakhtunkhwa Irrigation Department (KPID) is the executing agency (EA) for

the project and IA for Output 1, while Khyber Pakhtunkhwa Agriculture Department is the IA for

Output 2.

1.2 Project Objectives

4. The investment project aims to increase farm and non-farm incomes of households

engaged in agriculture mainly in Swabi District of Khyber Pakhtunkhwa Province. The indicative

outcome of the investment project is increased agriculture productivity and increased farm

incomes. Pehur High Level Canal Extension (PHLCE) Project has two major objectives.

� Bring rain-fed areas of Janda Boka and Indus Ambar under sustainable regular canal

irrigation system; and,

� Improve the capacity of beneficiaries to efficiently use water and agriculture

1.3 Project Description

5. The PHLCE Project is an extension to the command area of the Gandaf Tunnel which

conveys irrigation water from Tarbela Reservoir. Initially the provision/water allocation for the

areas of Janda Boka, Indus Lift Irrigation Scheme and Ambar Lift Scheme had already been

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made in the design of PHLC. The project has been divided into three lots for construction

purpose, therefore three (3) separate Lot-specific LARPs for the purpose are being prepared.

The LARP for Lot-I has been finalized while the remaining Lot-2 and Lot-3 LARP are being

prepared. The scope of the three lots is shown in Table 1.1. This LARP is for Lot-I.

Table 1. 1: Lot-wise Component of PHLCE Project

S. No. Lot wise Components of PHLCE Project

Lot-I Janda Boka Pressure Pipe and Irrigation System

Lot-II Indus Ambar Pressure Pipe

Lot-III Indus and Ambar Irrigation System

6. The areas originally envisaged to be brought under command through lift irrigation

schemes are now possible to be commanded under gravity as the minimum operating level of

Tarbela Reservoir source has increased. Water is proposed to be conveyed through two separate

pressure pipes to higher elevation of each area from where gravity canal system will bring these

areas under irrigation.

7. About 100% of the PHLCE project area falls in Swabi district. The whole area is spread

in Janda Boka and Indus-Ambar. The Janda Boka area lies near the Gandaf Tunnel outlet from

Tarbela reservoir towards the right of Pehur High Level Canal (PHLC). Janda Boka area lies

towards the right of PHLC on its upslope side in the upper reaches where Kundal Khwar and its

main tributaries (Polah, Jammu and Wuch Khwar) form an enclave within the outer range of the

hills forming the northern boundary of the main area. Gadoon area lies towards east of Janda

Boka area near Gandaf Tunnel outlet towards the right of PHLC.

8. Command area of the Janda Boka as per PC-I is 1,316 ha (3,253 acres) which is now

enhanced to 1,413 ha (3,491 acres) in the final detailed design report. The area is proposed to

be fed from Gandaf Tunnel through a pressure pipe and open canals system. Janda Boka

command area is mainly fed from two off-takes - one from the pressure pipe through Minor Canal

� 01 (JB-MR-01) and the second from the tail end of pressure pipe through Main canal - 01 (JB-

MC-01). Two minor canals (JB-MR-02 & JB-MR-03) are off-taking from the main canal at RD

4+950 and RD 5+970, respectively. Location map of the Project and Janda Boka area (Lot-I) are

presented in Figure 1-1 & 1.2, respectively.

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Figure 1.1: Location Map PHLCE Project

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Figure 1. 2: Location Map For Janda Boka Area (Lot-I)

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9. Access to the project area is possible by public transport throughout the year. Motorway

M-1 passes through the center of Ambar-Indus area at Jahangira from the main GT Road

connecting Swabi to the other parts of the country. Another road from Mardan is connecting

Swabi on the other side with Mardan, Peshawar, Swat and Buner.

10. Main components of Janda Boka Pressure Pipe and Irrigation System of PHLCE project

include:

� Connection with Gandaf tunnel

� Pressure pipe and outlet works

� Main Janda Boka canal

� Canal and drainage structures

� Development of on farm works

1.4 Design Detail of Lot-I:

11. Major salient features of Lot-I: Janda Boka Area are presented in Table 1.2 and 1.3 as

derived from the detailed design report.

Table 1. 2: Salient Features of PHLCEP LOT-I Irrigation Component

S. No. Description Unit Lot-I

Janda Boka Pressure Pipe and Irrigation System

1 Cultivable command area (CCA) ha 1,413

3 Total cultivable command area (CCA) with full development

ha 1,413

4 Lengths of pressure pipes m 3,672

Janda Boka reach-1 m 2,275

Janda Boka reach-2 m 1,397

5 Diameters of pressure pipes

Janda Boka reach-1 m 1.00

Janda Boka reach-2 m 0.90

6 Lengths of canals m 11,045

Main canals m 7,310

Distribution system m 3,735

7 Discharge (Present Development) cumecs 0.79

8 Discharge (Including full development of future area)

cumecs 0.79

9 Land to be acquired for pressure pipe and canal infrastructure

acre 62.28

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Table 1. 3: Structures on PHLCEP LOT-I Irrigation Component

S. No Structure's Type Lot-I: Janda Boka Irrigation System

Outlets for chaks/water courses

1 Direct outlets 8

2 Bifurcators 6

3 Trifurcators 3

4 Tail outlets 1

5 Sump outlet for future lift area 1

Sub Total 19

Cross drainage structures

6 Cross drainage culvert/super passages 18

7 Aqueduct 3

8 Syphon 2

Sub Total 23

9 Head regulator 5

10 Road bridge 8

11 Road culvert 13

12 Foot bridge 5

13 Bifurcations and pressure pipe outlets 2

14 Escapes (gated + ungated) 3

15 Drainage manholes/valve 4

16 Air/vacuum valves 5

17 Pressure relief valves 2

18 Butterfly valves 3

19 Globe valve 4

20 Sleeve valve 4

21 Flow meter 1

1.5 Objectives of the LARP

12. This LARP covers the land acquisition and resettlement impacts of the pressure pipe and

construction of the main canal and its distribution system in Lot-I of the PHLCE Project. The main

objective of the LARP is to identify overall project impacts in the form of quantity and valuation.

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The LARP provides a clear picture of the project impacts, consultation with DPs, measurement

of impacted structures, and fair valuation for the compensation, procedure of the payment to the

DPs and implementation of the LARP. It aims to enhance, or at least restore, the livelihoods of

all DPs in real terms relative to pre-project levels; and improve the standards of living of the

displaced poor (if any) and other vulnerable groups in accordance with existing laws of Pakistan

and ADB SPS-2009.

13. The following aspects are covered in this LARP:

� Number and types of affected structures of DPs;

� Assessment of the loss of crops and trees (fruits, wood and timber);

� Assessment of the number of vulnerable households;

� Data on unit prices for land and other affected assets;

� Socio-economic information and profile;

� Information disclosure, consultation, and participation;

� Policy and legal framework;

� Consultative meetings with local persons/ general public along the subproject route

alignment;

� Entitlement for compensation and assistance;

� Institutional arrangements and grievance redress mechanisms;

� Implementation schedule;

� Resettlement budget; and

� Monitoring & evaluation.

1.6 Alternative Options for Minimizing the Resettlement Impacts

14. Appropriate efforts and all possible engineering design options have been considered

while identifying the preliminary alignment to avoid and minimize LAR impacts. This alignment

has been done through review of satellite imagery and topographic surveys carried out during

the project design preparation and thorough field surveys conducted. The implementation of this

project can cause resettlement issues like clearance of ROW for execution of civil works,

demolishing and setting back of permanent structures and cutting of trees within the ROW.

1.7 Width of Lot-I, Janda Boka Irrigation System RoW

15. The PHLCE project Lot-I, Janda Boka area route and ROW has been determined for main

canal, pressure pipeline and minors as shown in Table 1.4.

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Table 1.4: Lot-I: Summary of ROW of Janda Boka Irrigation System of PHLCE

Project

Irrigation Component Unit ROW

Janda Boka Pressure Pipeline (From RD 0+000 To 0+965) and from RD 2+278 to Tail End

m 20

Janda Boka Pressure Pipeline cum Janda Boka Minor Canal-01 (JB-PP-01) From JB-Pressure Pipeline Outlet-01 (From RD 0+965 To 2+278)

m 30

Janda Boka Main Canal-01 (JB-MC-01) Except (From RD 1+355 To 1+920) m 20

Syphon at Besak Khwar of Janda Boka Main Canal-01 (JB-MC-01) (From RD 1+355 To 1+920)

m 32

Janda Boka Minor Canal-02 (JB-MR-02) From JB-MC-01 m 15

Janda Boka Minor Canal-03 (JB-MR-03) From JB-MC-01 m 15

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2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT

2.1 General

16. The assessment of the project impacts based on detailed design has been carried out by

adopting a well-defined approach and methodology and in close coordination with the Revenue

Department and land acquisition collectors (LACs). According to the survey conducted, there are

155 persons affected in Lot-I (including 9 persons at Pabini Mouza who were not willing to

respond to the interview). Notification of Section-4 of the Land Acquisition Act (LAA) was issued

on 10 April 2018. Documentation and request for issuance of notification under Section-5 of the

LAA has been prepared and submitted by PD-PMO to the District Collector Swabi. The demand

bill at (Annexure-4) has been received by KPID and deposited in the District Treasury. Funds for

compensation and allowances that are not covered by the LAA but required as per ADB SPS are

kept by PMO for disbursement to DPs once the updated LARP has been approved.

17. Assessment of land, crops, trees and structures have been completed. The census of

DPs at Annexure-5 and their affected land has been provided by the Revenue Department. The

actual claimants and land-users have been identified by the PMO/PIC for onward assessment

and recording of assets. The list of registered names in the land records and affected land

provided by the DC will be updated and developed into an acquaintance roll that identifies the

specific share and entitlement of each DP after receipt of supporting documents from DPs and

mutations in the land records prior to land award under Section-11 of the LAA.

18. Detailed measurement surveys (DMS) and valuation of affected land has been conducted

by the LACs, while the DMS and valuation of affected non-land assets (structures, trees and

crops) was done by Forest Department, Agriculture Department and Communications and Works

(C & W) Department. The census and socio-economic survey of DPs and consultations meetings

at (Annexure-6) has been done by the PIC. All the 155 DPs for the entire Lot-I LARP were

contacted. Information on the 9 DPs who refused to be interviewed was gathered through their

neighbors and owners of adjacent land.

2.2 Scope of Land Acquisition

19. The survey was conducted along the alignment of the designed irrigation system and

pressure pipes. On-way side discussions with local community and the general public were also

carried out while conducting the field survey.

20. The project has been divided into three lots for construction purpose, therefore three (3)

separate LARPs for the purpose are being prepare. The LARP for Lot-I has been prepared and

finalized. The LARP for Lot-2 and Lot-3 are being prepared.

2.3 Methodology and Proceedings:

21. A team of ex-patwaris and zilladars under the supervision of a well conversant Land

Acquisition and Resettlement (LAR) Specialist was constituted by the PIC for preparing the

updated LARP. The team was provided with Google Imageries duly marked with alignment of the

designed pressure pipes and canals.

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22. The team collected khasra numbers of the land upon which the pressure pipes and canal

alignments are proposed to pass with the help of shajrah kishtwar (land maps) and khasrah

girdawri (periodical books) of the mauza (revenue state) concerned having the details of land

number, area, etc. They furnished khasrah (field) numbers and area for acquisition tentatively

and framed the draft notifications under Section-4 of the LAA and submitted to Project

Management Office PMO for further process. The PMO submitted the same to DC Swabi District

which were used for issuance of notifications of Section-4 of the LAA.

23. The notifications of Section-4 of the LAA in April 2018 were published in government

gazette for general information of all concerned. After publication of the notifications, the staff of

the DC with coordination of PIC staff earmarked the alignments in the musavis (land maps) and

prepared field books therefrom as per survey/level marks of the PIC. The Revenue Specialist of

PIC framed notification under Section-5 of Land LAA which were sent to the PMO for further

submission to DC Swabi.

24. Request for acquisition of 494.75 kanal (61.84 acres) of privately-owned land has been

made to the DC Swabi for Lot-I: Janda Boka Pressure Pipe and Irrigation System of the project.

Almost all affected area under Lot-I is agricultural land except natural waterways and a meager

portion of the hill. Two small structures will be dismantled. Of the private land to be acquired,

441.15 kanal (55.14 acres) is agricultural land. Most (82%) of which is rain-fed (with only one

cropping per year during rabi season). Less than 18% of the affected agricultural land is irrigated

via tube-wells in summer (kharif) season. The remaining 53.6 kanal (6.7 acres) of privately-owned

land is uncultivable.

Table 2. 1: Land Required for Lot-I by Type and Mouza-Wise

No. Mouza

Private Land Kanal (Acre)

Government Land

Kanal (Acre)

Total Kanal (Acre) Rain-fed Land Irrigated Land

Uncultivable

Land

1 Maini Sharqi 143.55 (17.94)

9.45 (1.18)

11.15 (1.39)

3.20 (0.40)

167.35 (20.91)

2 Maini Gharbi 132.30

(16.54) 50.70 (6.34)

7.85 (0.98)

- 190.85 (23.86)

3 Pabini 16.40 (2.05)

19.05 (2.38)

34.60 (4.33)

- 70.05 (8.76)

4 Malik Abad 69.70 (8.71)

- - 0.35

(0.04) 70.05 (8.75)

Total Land 361.95 (45.24)

79.20 (9.90)

53.60 (6.70)

3.55 (0.44)

498.30 (62.28)

Note: Most of the land to be acquired in this lot is privately-owned. L��� ����� �� �shamilat d��� ���common entitlement of community of the mauza. For affected government lands, the concerned department will be requested to transfer the same to KPID as per government rules of business through a no-objection certificate (NOC). The Government land has not been counted in the provided land acquisition figure by the District Collector, Swabi.

2.4 Collection and Review of Secondary Data/Information

25. All available data/information related to the Project area and Project components were

collected by the PIC from KPID, concerned local government offices, Revenue Department and

Agriculture Department of District Swabi. The district census report of district Swabi was also

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reviewed for comparison and updating based on Government of Pakistan (GOP) 6th Population

& Housing Census 2017.

2.5 Pre-Test of Questionnaire

26. A detailed socio-economic questionnaire was developed and submitted to the ADB for

review. Comments received were incorporated accordingly. Moreover, the teams went to the field

area for pretesting of the survey tools and modified the questionnaire where needed. The revised

questionnaire was also shared with ADB. The data were collected through the finalized approved

questionnaire by ADB team. The sample format of the questionnaire is shown as Appendix-I.

2.6 Collection of Primary Data

27. Before collection of data, a one-day training of data collection was provided to the field

teams comprising of enumerators, sociologists and gender specialist by the Social Safeguards

Specialist of ADB and PIC team. Main points of the training were as follows:

� How to introduce yourself

� Project introduction and objectives of the project

� Purpose of data collection

� Questionnaire filling and responses recoded

28. The detailed survey of DPs was carried out from 21 to 31 January 2019 using a structured

questionnaire. 100% of the actual/present owners and land-users (tenants, renters and workers)

for the entire Lot-I was targeted but 9 DPs at Pabini mouza refused to provide information/data.

Information on these 9 DPs was gathered through their neighbors and owners of adjacent land.

There are 155 DPs (including the 9 DPs who refused to be interviewed). Only 2 DPs are losing

structures (small flood protection wall). The DPs were identified and interviewed by 5-teams of

enumerators comprising of ex-patwari (revenue record keeper) hired by PMO along with PIC

team. They did a walk-through of the entire alignment with the help of design drawings and

Google maps and attempted to identify the actual affected landowners/land-users. In parallel, the

team contacted local representatives to invite people at a common place to discuss and provide

information on the landowners/land-users along the alignment.

2.7 Project Impact Assessment

29. Field survey for the assessment of value of various types of affected land and non-land

assets has been finalized and valuation has been calculated and placed at the resettlement

budget. Unit rate of compensation for different categories and types mouza-wise land, structures,

crops and trees etc. have been provided by the DC, Swabi, with the collaboration of the

concerned line departments. A committee appointed by the Project Director was constituted to

verify, assess and evaluate assets/inventories attached or permanently attached to land, e.g.,

structure, orchards, trees, crops and type of lands affected by the project based on unit rates

prevailing in the market. The committee has completed its tasks for Lot-I through physical survey

and consultation with the local people in the project area.

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30. Detailed survey for land acquisition has been conducted by joint teams of PMO, PIC and

Revenue Department Swabi under the supervision of LAR Specialist of the Project. Notables in

the community also accompanied the land acquisition party wherever available after issuance of

notification under Section-4 of LAA. The same team has prepared the documents for Section-5

of the LAA and submitted to DC for further action. Another team comprising of PMO, PIC, District

Revenue Department and other concerned line departments completed details of nature of lands,

number of type of trees, crops, other structures, etc. for assessing its value by the DC.

2.7.1 Impact on Land

31. Lot-I of the Project requires a total of 494.75 kanal (61.84 acre) of land in the four mouzas

of Topi and Swabil Tehsils of District Swabi that is owned/claimed by 89 DPs. Of which, 361.95

kanal (45.24 acre) is rain-fed land that is owned/claimed by 67 DPs, 79.2 kanal (9.90 acre) is

irrigated land that is owned/claimed by 15 DPs and 53.6 kanal (6.70 acre) is uncultivable land

that is owned/claimed by 7 DPs. The details on DPs (land owners) and impacted land of different

categories in each mouza of Lot-I are shown in Table 2.2.

Table 2.2: Lot I - Category of Impacted/ Acquired Private Land Mouza-wise

S. No.

Mouza Category-wise Private

Land

No. of DPs

(Land Owners)

Land to be Acquired (in Kanal)

Land to be Acquired (in Acres)

1

Maini Sharqi

Rain-fed (barani) land 21 143.55 17.94

2 Irrigated (chahi) land 1 9.45 1.18

3 Uncultivable (ghair mumkin) land

2 11.15 1.39

4 Malik Abad Rain-fed (barani) land 16 69.70 8.71

5

Pabini

Rain-fed (barani) land 10 16.40 2.05

6 Irrigated (chahi) land 8 19.05 2.38

7 Uncultivable (ghair mumkin) land

4 34.60 4.33

8

Maini Gharbi

Rain-fed (barani) land 20 132.30 16.54

9 Irrigated (chahi) land 6 50.70 6.34

10 Uncultivable (ghair mumkin) land

1 7.85 0.98

Total 89 494.75 61.84

Source: Revenue Department, District Collector Swabi December 2018

32. In addition to the 89 landowners, there are also 10 leaseholders losing 3.18 acres of rain-

fed land, 40 share croppers losing 14.68 acres of rain-fed land and 16 tenants losing 4.28 acres

of rain-fed land who will be affected by the loss of agricultural land.

33. An additional 3.55 kanal (0.444 acres) required for Lot-I is government land. The

government land will be transferred to KPID through issuance of NOC (no-objection certificate)

from the respective departments. During the survey, no encroachments were noted in the

affected government and private land.

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34. The Project area is comprised of different categories of land. Almost all the land is fertile

and fit for agriculture although most affected agriculture land in Lot-I is rain-fed and only cropped

once a year during the rabi (winter) season. Tube wells are used to irrigate 9.90 acres of

agricultural land during the summer (kharif) season. In this regard, the average crop yield varies

among the mouza of Lot-I area.

35. Based on the survey, 130 DPs (including 64 land owners, and 66 lease holders, share

croppers and tenants) are losing 10% or more of agricultural land (productive) are considered

significantly affected. The reason for the large number of significantly affected DPs is because

of very small landholding. Many landowners own less than 2 acres of land. The remaining 18

DPs (only land owners) are losing less than 10% of agricultural land and are considered

marginally affected. The remaining 7 DPs (land owners) are losing their uncultivable (ghair

mumkin) land which is non-productive. No DP is left with unviable land parcel so that their

entire land is to be acquired. The degree of impact on agricultural land has been calculated and

the summary is given below in Table 2.3.

Table 2.3: Degree of Impact on Agricultural Land in Lot-I

Percent of Agricultural Land to be Acquired from Total Land

Number of DPs (Productive Agriculture Land)

Percent Landowners

Leaseholders, Share croppers,

and Tenants

Total

10% and above (significantly affected)

a. 10 to 30 % 48 46 94 64

b. 31 to 70 % 16 16 32 22

c. more than 70% 0 4 4 3

Less than 10% of land (marginally affected)

18 0 18 12

Total 82 66 148 100

Source: Socio-economic survey of PIC, January 2019

2.7.2 Impact on Private Structures

36. Two (2) privately-owned structures (small flood protection wall) of block masonry owned

by two (2) DPs in Mouza Pabini will be affected. The detail of the structures is given in Table 2.4.

Their prices have been assessed by concerned department and incorporated in the LARP

budget.

Table 2.4: Private Structures in ROW of Lot-I

S. No.

Project Component

Location/ Muza

Tehsil Affected

Structures Size of

Structure Ownership

Status Type of

Construction

1 Janda Boka Main Canal-01 (JB-MC-01)

Pabini Swabi flood protection wall

2.71 (M3) private pacca (masonry block)

2 Janda Boka Main Canal-01 (JB-MC-01)

Pabini Swabi flood protection wall

4.16 (M3) private pacca (masonry block)

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2.7.3 Impact on Crops

37. Of the cultivated land, 361.95 kanals (45.244 acres) are rain fed and 79.2 kanals (9.9

acres) land are irrigated through tube wells. Wheat is the only crop planted on these land. Wheat

crop yield is better in irrigated land as compared to rain-fed land. A total of 82 landowners, there

are also 10 leaseholders, 40 share croppers and 16 tenants stand to lose income from crops.

Keeping in view the impacts on the crops, the crop compensation will be provided according to

the affected land of crop as assessed by DPAC/ DC (District Price Assessment Committee/

Deputy Commissioner) Swabi. The crop land and yield are given in below Table 2.5.

Table 2.5: Area of Cropped Land and Crop Yield in Lot-I

Category of Land

Crop Crop Area in Kanal

Average Yield In Kilogram/

Kanal

Average Price of Crop

(PKR)

Average Income Derived/ Acre

(PKR)

Rain-Fed Wheat

361.95 71 1700/ 40kg

24,013

Irrigated 79.2 116 39,312

Total 441.15

Source: Survey by PIC team, January 2019

2.7.4 Impacts on Trees

38. Privately-owned trees will be uprooted from the ROW of the entire Lot-I. Mature trees will

be removed before handing over the ROW to the contractor. Twenty-five DPs will lose 660 non-

fruit trees, while 12 DPs will lose 140 fruit trees. The fruit trees were mostly used (70%) for

domestic use. The fruit trees are peach, guava, orange and apricot. More than 90% of the non-

fruit trees are wood and timber trees which have been assessed by the Forest Department. The

owners of these trees will be compensated according to the assessment by the Forest

Department as shown in Table 2.6 provided by the District Collector, Swabi.

Table 2.6: Non-Fruit and Fruit Trees under impact in Lot-I

S. No. Category of

Trees DPs Number of

Trees Total Price (Rs)

1 Non-Fruit Trees 25 660 1,319,944

2 Fruit Trees 12 140 46,055

Total 37 800

1,365,999

Source: Assessment of Trees by Forest & Agriculture Department, November 2018

2.7.5 Summary of Affected Assets and DPs

39. Overall, there are 155 DPs who are the actual owners, occupants and users of affected

land and structures in Lot-I. These include 89 land owners who will lose a total of 61.84 acres of

land. A total of 82 landowners, 10 leaseholders, 40 share croppers and 16 tenants will also lose

crops. Thirty-seven DPs will lose trees, while 2 DPs will lose portion of their flood protection wall.

There is no physical displacement of any DPs. No DPs has been identified to lose hundred

percent of land or left with the quantum of land unviable. Ten laborers may get affected by project.

A summary of the impacts and DPs is shown in Table 2.7.

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Table 2.7: Summary of Affected Assets and DPs

No. Affected Asset Unit Quantity No. of DPs

1 Land

a. rain-fed (barani) agricultural land Acre 45.24 67 landowners

b. irrigated (chahi) agricultural land Acre 9.90 15 landowners

c. uncultivatable (ghair mumkin) land Acre 6.70 7 landowners

d. government-land Acre 0.44 -

e. severely-affected (10% or more of

productive land)

Acre 55.14 130 landowners,

leaseholders,

sharecroppers and tenants

2 Crops

a. irrigated land planted with wheat Acre 9.9 15 DPs

b. rain-fed land planted with wheat Acre 45.24 133 DPs

3 Trees

a. Non-fruit trees No. 660 25 DPs

b. Fruit trees No. 140 12 DPs

4 Structures (flood protection wall) cubic

m.

6.87 2 DPs

5 Employment (farm laborers) 10 farm laborers

Table 2.8: Summary of Affected Assets

S.No. Item No. of HH Affected

Unit Quantity

I LAND

1 Residential Land (Urban Area) - m2 -

2 Residential Land (Rural Area) - m2 -

3 Agricultural Land

i) Rain-fed Land 133 m2 183,079.78

ii) Irrigated Land 15 m2 40,063.88

iii) Uncultivable Land 7 m2 27,113.94

4 Other Land

i) Government Land Govt. m2 1,780.62

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S.No. Item No. of HH Affected

Unit Quantity

II Structure

1 RR stone Masonry (Dry) 1 m3 2.71

2 PCC Block Masonry in CS 1 m3 4.16

3 Temporary - m3 -

4 Other - m3 -

5 Graves - m3 -

III Infrastructure

1 Electricity Line - km -

IV Crop, Trees

1 Crop 148 m2 223.143.66

2 Trees

i) Fruit-Trees 12 Number 140

ii) Non-Fruit Trees 25 Number 660

Table 2.9: Number of HH with Production land affected

Category of Land

Affected

< 10% of total land

10% - 70% >70% Total

Nu

mb

er

of

AH

s

Nu

mb

er

of

AP

s

% o

f A

Hs

Nu

mb

er

of

AH

s

Nu

mb

er

of

AP

s

% o

f A

Hs

Nu

mb

er

of

AH

s

Nu

mb

er

of

AP

s

% o

f A

Hs

To

tal o

f A

Hs

To

tal A

Ps

% o

f A

Hs

Rain-fed (barani) land

18 123 12 111 759 72 4 27 3 133 909 86

Irrigated (chahi) land

0 0 0 15 103 10 0 0 0 15 103 10

Uncultivable (ghair mumkin) land

1 7 0.65 6 41 4 0 0 0 7 48 5

Grand Total 19 130 12 132 903 85 4 27 3 155 1060 100

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Table 2.10: Summary of Impacts

Number Item Number of Affected HHs

Unit Quantity

I Land

1 Agricultural land 148 m2 223,143.66

2 Residential Land - - -

3 Production forest land - - -

4 Other land Govt. m2 1,796

II Structure

5 Temporary House - - -

6 Other Structure 2 m3 6.87

III Crops and trees

1 Crops 148 m2 223,143.66

2 Forest trees (Non-Fruit) 25 Number 660

3 Other Trees (Fruit) 12 Number 140

IV Loss of Business - - -

V Number of Vulnerable HH 36 PKR

15000/month 1,620,000

VI Number of HH severely Affected Entitled to Income Rehabilitation

130 Number 55.14

VII Collective assets and public works - - -

VIII Relocation Requirement - - -

2.8 Asset Valuation

40. For this LARP preparation, the valuation survey was undertaken by the concerned

department for estimating the unit rate for compensation for different types of losses such as

land, structures, trees, crops, etc. Actual valuation for the specific affected land has been done

by the District Price Assessment Committee (DPAC). Notification on the formation of DPAC is at

Annexure-7.

2.8.1 Valuation of Land

41. As indicated earlier, Lot-I will affect 494.75 kanal (61.84 acre) of private land. The prices

per kanal for pressure pipe, main canal and its distribution system were assessed by the DC

according to category of land in all four mouzas of Lot-I. The following detailed table shows the

current price of different category of land which is provided by the DC through DPAC determined

the price of land according to the categories of land and prices/rate as provided in Table 2.11.

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Table 2.11: Valuation of Land (Mouza and Category-wise) by District Collector,

Swabi

S. No.

Mouzas of Lot-I

Category of Land in Lot-I

Total Land under Acquisition (Kanal)

Unit Rate/ Kanal in Rs

1

Maini Sharqi

Rain-fed (barani)

143.55 511,877.0

2 Irrigated (chahi)

9.45 563,261.0

3 Uncultivable (ghair mumkin)

11.15 180,400.0

4 Malik Abad Rain-fed (barani)

69.7 141,206.0

5

Pabaini

Rain-fed (barani)

16.4 198,000.0

6 Irrigated (chahi)

19.05 264,000.0

7 Uncultivable (ghair mumkin)

34.6 88,000.0

8

Maini Gharbi

Rain-fed (barani)

132.3 511,877.0

9 Irrigated (chahi)

50.7 563,261.0

10 Uncultivable (ghair mumkin)

7.85 180,400.0

Total 494.75

2.8.2 Valuation of Structures

42. Two small flood protection walls will be affected in Lot-I. The District Building

Department/C&W valuated the structures as shown in Table 2.12. Depreciation will not be

deducted in calculating the compensation for these structures.

Table 2.12: Valuation of Structures

S. No. Description Unit Type of

Construction Unit Rate (Rs) Amount (Rs)

1 Flood protection wall M3 (2.71) Pacca 5,384.76 14,593

2 Flood protection wall M3 (4.16) Pacca 5,936.29 24,695

2.8.3 Valuation of Crops

43. Standing crops is being affected in Lot-I which has been surveyed and valuated by the

committee and concerned department. The valuation thereof has been incorporated in the

resettlement budget. As per policy of compensation of crops would be paid as envisaged in the

ADB SPS. The affected crop compensation for Lot-I under acquisition per kanal was valuated

and assessed in Table 2.13.

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Table 2.13: Valuation of Crop Land Mouza-Wise

S. No.

Mouzas Crops Unit Quantity (Kanal/ Acre)

Unit Rate (Rs)

Amount (Rs)

1 Malik Abad Wheat Kanal 69.7/ 8.71 10282 716,624.73

2 Maini Sharqi

Wheat Kanal 153/ 27.39 10,411 1,592,850.00

3 Maini Gharbi

Wheat Kanal 183/ 22.87 7,422 1,358,192.00

4 Pabini Wheat Kanal 35.45/ 4.43 17,594 623,700.00

Total 441.15/ 55.14 4,291,366.73

2.8.4 Valuation of Trees

44. A committee was constituted by the project director PHLCE Project, vides PMO PHLCE

No.642/PMO/PHLCE/2G, dated 4 October 2018 to count and valuate the standing orchards,

trees and structures and affected crops. Assessment of the trees and crops were recorded at

site. The survey team has enumerated and valuated the affected trees which has been reflected

in the resettlement budget of the LARP as received from the office of DC Swabi. Details are given

in below Table 2.14 and Table 2.15.

Table 2.7: Affected Non-Fruit Trees in Lot-I

S. No. Type of Trees

No. of Trees

Volume (CFT) Rate/ Unit Total

amount

1 Berry (wild) 4 123 89.02 10950

2 Gul Toth 99 1463.85 77.99 114163

3 Bamboo 41 75 50.00 3750

4 Bekyanra 195 969.58 91.80 89010

5 Tooth 92 5320.1 121.12 644385

6 Phullai 12 767.2 90.54 69459

7 Sreikh 43 698.2 122.76 85708

8 Ailanthus 36 593.7 116.54 69192

9 Sheshim 20 341 575.17 196132

10 Kekar 1 4 50.00 200

11 Eucalyptus 12 32.5 103.54 3365

12 Popular 47 155.7 73.30 11413

13 Wild Injeer 58 273.55 81.22 22217

Total 660 10817.38 1643.00 1,319,944

Source: Assessment of Trees by Forest & Agriculture Department, November 2018

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Table 2.8: Affected Fruit Trees in Lot-I

S. No. Type of Trees No. of Trees Average Rate in PKR Total Amount

1 Peach 59 464.05 27,379

2 Apricot 19 286.84 5,450

3 Orange 48 226.58 10,876

4 Guava 14 167.86 2,350

Total 140 1145.33 46,055 Source: Assessment of Trees by Forest & Agriculture Department, November 2018

2.8.5 Physical Displacement of DPs

45. No displacement in housing or relocation will occur as a result of the implementation of

Lot-I.

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3 SOCIO-�������� ����������� �� �� � � ��������

46. The analysis is based on the findings of the socio-economic survey of 155 DPs. The study

aimed to assess the present condition of the DPs and to appraise the project impacts on their

livelihood. This section provides information on the demographic characteristics, education,

health, occupations, sources of income, pattern of household expenditures, etc. of the DPs�

households. Information on the 9 DPs who refused to be interviewed was obtained through their

neighbors and owners of adjacent land.

3.1 DP�s Household Composition

47. Among the surveyed households, there are slightly more males (54%) than females (46%)

members. Around 18% of the household members are children below 10 years of age. The

average household size works out as 7. About 469 household members (54%) are in the working

age population out of the 155 HHs. The remaining 3% are elderly members.

3.2 Education and Literacy Levels of Members of DPs Households

48. ������ ��� �� ��� � !��" �� ��� #$"� ���"���%�" &�� %'���&��( )�� �� ��� ���&% %'���&��*

21% have primary level of education. Another 15% of the household members have middle level

education, 16% has matriculation level of education, 8% has intermediate level, 7% has reached

graduate level education and 2% are postgraduates. The illiterate population was recorded at

+,�( -�� '���� &�'�� '� ��".�/� �� ���/&�'�� &�� %'���&/0 %�1�%" �� ��� � !��" �� ��� #$"�

households is provided in Table 3.1.

Table 3.1: Literacy Rate and Education Level of Members of DP23 Households

S. No. Education Level Number Percent

1 Primary 217 21

2 Middle 156 15

3 Matriculate 174 16

4 Intermediate 87 8

5 Graduate 70 7

6 Post Graduate 26 2

Total Literate 730 69

7 Illiterate 131 13

8 Children up to 10 years 191 18

G. Total 1,060 100

Source: socio-economic survey by PIC January 2019

3.3 Income and Expenditure of the Sample Respondents

49. Due to scarcity of water the lands are becoming barren and most farmers depend on rains

for cultivation. Their cultivation is associated with the intensity of rains. Due to shortage of water

and disappointment from yearly low crop yields, many of them have adopted occupations other

than farming for their livelihoods. The occupations have been categorized based on primary

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source of income. The sample survey has revealed that 75% of the DPs are engaged in farming

and its related activities including livestock rearing etc., followed by the pension holders and

service providers with 3% and 7%, respectively. A reasonable proportion of DPs (10%) work as

laborers, followed by those working in the government and private sectors (2%). A small

percentage of DPs (3%) are involved in business like shop, hotel, and poultry farm. The average

monthly income comes out Rs.33, 041. Among the surveyed DPs, 12% were found having

monthly income below the official poverty line (OPL of rupees 15,000/ month (Federal Finance

Budget Bill 2018-19). Table 3.2 below shows the occupation and the average monthly household

income of the surveyed DPs.

Table 3. 2: Occupation of DPs and Average Monthly Income �� ���� �������

S. No.

Occupation Number of

DPs Percent

Average Monthly Income per HH (Rs)

1 Agriculture 114 76 19,256

2 Pension holders 7 3 33,243

3 Service Providers (artisan) 11 7 32,211

4 Laborers 18 12 13,467

5 Govt./ Pvt. Employees 3 2 43,345

6 Business 5 2 48,324

Total 155 100 31,641

Source: socio-economic survey by PIC January 2019

The explanation to various occupation categories is given below:

(i) Agriculturist: (75% of surveyed DPs)

50. In the rural society, land is considered a mark of prestige and mode of power to influence

other. As a person has a large piece of land, he possesses influence and power to control other

peoples. The DPs under this occupation category will lose their land permanently. Livelihood

restoration support to facilitate these DPs in looking for alternative income sources and linking

with relevant agencies will be needed. They will be employed in the project activities directly as

skilled and skilled labor on priority basis and also linked their services with other external

agencies during the time of implementation of project as well as enhancement in crops yield per

acre and their productivity.

(ii) Pension Holders (4% of surveyed DPs)

51. The district Swabi is famous due to presentation of its population in various government

departments. Due to barren land, most of the people joined Pakistan army and other government

organization for their livelihood. They have also small piece of land that is not sufficient to fulfill

domestic expenditures like kitchen grocery, clothing, education of the children and other social

obligations. They are least bothered about their small piece of land to be acquired for the project,

because they rely on their pension to support them.

(iii) Service Providers (7% of surveyed DPs)

52. These DPs also belong to a farming community. But because the low income from land

never supported fully to their family needs, so they were forced to adopt different occupation by

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which they can earn more than that of small piece of land. Their source of livelihood will not be

affected by the project.

(iv) Laborers (10% of surveyed DPs)

53. These DPs were found on daily base job opportunity for their livelihood. They are happy

with the project as they would be able to get a job for a long time. These DPs will be compensated

against losing their land or structures as per ADB SPS.

(v) Govt./Private Service (2% of surveyed DPs)

54. Out of total DPs, this category is spending their lives comfortably as they have permanent

source of income by which, they can fulfill their domestic expenses easily. They also are least

bothered about the acquisition of their lands. However, they will be compensated as per ADB

policy.

(vi) Business: (3% of surveyed DPs)

55. In Lot-I of the project there are no DPs who will experience loss or disruption of their

business as a result of the project. Therefore, no need to compensate their business in the entire

Lot-I.

The baseline information relating to the household expenditure pattern in respect of DPs

population is shown in Table 3.3.

Table 3. 3: Expenditures of DP�� Households

S. No.

Description of Expenditures

Expenses

Monthly (Rs.) % of Total Expenses

1 Food Expenses 3,459,000 57

2 Non-Food Items 1,596,300 26

3 Utilities 729,840 12

4 Health Care 309,686 5

Source: Survey by PIC January 2019

56. Expenditure on food and non-food items comes to about 83% of their total expenses.

Expenses on utilities and health care is 12% and 5% of the total household expenditure,

respectively. The total annual expenses per AHH calculate to 76 percent of the average annual

income per AHH depicting a saving rate of about 20%. Most of the families spend their savings

on social obligations, construction of pacca house on priority followed by education of their

children, purchase of motor cycle, purchase of refrigerator, marriage of siblings, purchase of

mobile phone, etc. ���� �������� are generally spending less than their income that allows

them to have an average saving of about 20% of their income.

3.3.1 Land Holding Status of DPs

57. The 57% of the DPs are landowners, 7% are leaseholders, 26% are share croppers and

10% are tenants on the affected land. The landholding tenure is low in the project area and on

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that basis 68% of the landowners hold land less than 2 acres. Only 32% are landowners with

landholding of up to 10 acres. Table 3.4 shows the landholding status of the surveyed DPs.

Table 3. 4: Land Holding Status of Surveyed DPs

Sr. No. Categories No. of DPs

1 Owners 89

2 Leaseholders 10

3 Share croppers 40

4 Tenants 16

Total 155

3.3.2 Vulnerable Households

58. The distinct people who might face the risk of marginalization and suffer disproportionately

from resettlement affects, including the women, children, destitute persons, squatters; those with

historical or cultural rights; and landless groups. For this project, households that are below the

poverty line, households headed by women or elderly are considered vulnerable households.

59. Out of 155 surveyed DPs, 36 DPs are considered to have a vulnerable household

based on their socio-economic profile. These include 18 DPs with monthly household income

below the official poverty line (OPL) as PKR 15,000/month, 2 DPs from a woman-headed

household and 16 DPs from a household headed by an elderly. Vulnerable households are

entitled to receive vulnerable household assistance. Vulnerable allowance has been incorporated

in the budget at Table 3.5.

Table 3. 5: Categories of Vulnerable Households among the Surveyed DPs

S. No. Categories No. of DPs Percentage

1 Poor (income below the OPL) 18 50

2 Women-headed household 2 5

3 Elderly-headed household 16 45

Total 36 100

3.3.3 Ethnicity

60. Almost all DPs belong to Pashtun tribes of Yousafzai. Majority of them belong to the sub

tribes of mohmand, afghan, bajwari, utman khel, gujar, lohar and umarzai which are dominant in

the area. All DPs are muslims. These tribes and subtribes are more like kinship groups and castes

that are mainstreamed into the general Pakistan culture and society. None of these groups

identify themselves as distinct indigenous cultural group with collective attachment to a distinct

habitat and customary cultural and social institutions that are separate from the general Pakistan

culture. Hence, none of the DPs may be considered as indigenous people as defined under ADB

SPS.

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3.3.4 Available Social Amenities in the Project Area

61. Electricity is available in the project area. However, not all households have access.

Around 4% of the surveyed households have no access to the electricity. Among those with

access, only 79% are satisfied with the electricity supply. Educational facilities are available in

the area and is accessed by 95% the respondents. Out of them, 97% were satisfied with the

quality of services, while 3% showed their dissatisfaction. Health care facility in shape of BHUs

and RHCs is available to about 73% of the surveyed population. Out of these, 96% are satisfied

with the available health facilities. Availability of sewerage/drainage facility was reported by 33%

of the respondents and about 46% are satisfied with the quality of services provided. Other

amenities like gas and telephone are partially available in the project corridor. The information in

respect of access to social amenities and their quality of services is given in Table 3.6.

Table 3. 6: Access to Social Amenities in Lot-I Project Area

S. No Facility Available (%) Not Available (%) Satisfactory (%)

1 Electricity 96 4 79

2 Gas 8 92 50

3 Water Supply 26 74 90

4 Telephone 14 86 84

5 Sewerage 33 67 46

6 BHU 73 27 96

7 School 95 5 97

Source: Survey by PIC Consultants January 2019

3.3.5 Housing Conditions

62. Housing conditions of the respondents have been analyzed according to the type of

houses in which they are residing. These are categorized as pacca, semi-pacca and kacha. A

house or building with concrete and/or bricks or blocks falls in pacca category. House or building

constructed with burnt bricks and mud comes under semi-pacca category, whereas a house

constructed with un-burnt bricks and mud or temporary wooden poles etc. is categorized as

kacha.

63. Almost half of the respondents (49%) live in pacca houses, followed by 19% living in semi-

pacca and 32% in kacha houses. The reason of constructing pacca houses is that hilly flood

water damages the kacha house rapidly. The peoples are forced to build their structures as pacca

which is long lasting.

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Table 3. 7� ������� ������� �� �� ���� ����

S. No Housing Condition No. of Structures Percentage

1 Pacca 76 49

2 Semi Pacca 29 19

3 Kacha 50 32

Total 155 100

3.4 Gender Survey

64. According to the 6th population and housing census of 2017, the female population of

Khyber Pakhtunkhwa province and District Swabi are 49.3% and 49.7%, respectively. In the rural

society, female plays important role in managing the household from home chores to work in the

fields and taking care of the livestock. Rural women are major contributors in four sub-sectors of

the rural economy; crop production, livestock rearing, cottage industry and household & family

maintenance activities such as fetching water, fuel collection and fodder for livestock, food

preparation & preservation and caring for children. Most of their work and labor does not carry

weight, unrecognized and unappreciated.

65. This is culturally prevailing in the country and in project area that assets and properties

are managed and controlled by the male of the household. Men are usually the title holders of

the land, although there are also many cases where women are also title holders. 100% of the

respondents indicated that women alone cannot sell or purchase their properties. Mostly, the

males carry out such activities. Females are dependent to their male members for land matters.

Beside this, the females of the households are the responsibility of their male members. In case

of relocation from HH structures, the females will follow the decisions of their male members.

66. Keeping in view the important role of the female in the household as well as in the society,

consultations with women were also conducted in 3 settlements in September 2018 to record

their views (list of participants and photographs are presented in Annexure-8. During interviews

and consultation, data was also collected to ascertain female social status and gender issues.

Locations and number of participants for the gender consultations is provided in Table 3.8:

Table 3. 8: Locations and Number of Participants of Consultations with Women

S. No. Location No. of Women Participants

1 Pabini 10

2 Maini 12

3 Malik Abad 5

Total 27 Source: Survey by PIC Jan. 2019

67. Women participate in various activities including household activities, child caring and

importantly in income generation activities like management of livestock and fields work in the

season of sowing and harvesting of crops. A very low (4) number in females was reported in the

government and private sector to help their male members in managing the household expenses

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who were serving as teacher in private schools and in a hospital. These females belong to villages

Maini, Pabini and Malik Abad.

68. Data regarding education of the females revealed that there were no constraints for

females in going to schools and colleges except they have to travel a lot to the nearby villages

and cities for higher education. In spite of that, the trend of getting education is increasing in the

area and parents treat boys and girls equally in getting education. It was also observed that the

participants are not satisfied with the available health facilities. There is no proper and equipped

health center for the females. Women have no choice but to rely on traditional practitioners and

midwives.

69. It was also derived from the consultations that some NGOs provide social services to the

community members especially to the females. The National Rural Support Program (NRSP) of

PPAF program and KFW along with local support organizations are working in the Project area

and playing pivotal role in poverty alleviation through soft and hard activities for the females in

the community on education, infrastructure and health sectors.

70. No gender-based violence issue was noted by the PIC during the survey. The credit goes

to vibrant media to create awareness to stop such malpractice. The collected data revealed that

the most pressing needs of women were the availability of proper health, education facilities

(College nearby) in the area. They were explained their mobility and privacy will not be disturbed

as the working site is away from their residence.

3.4.1 ������� ���� � Socio-economic Activities

71. The survey data revealed that the participation rate of women in various socio-economic

activities in the project corridor is generally high, 100% in case of household activities and child

caring. Their participation rate in case of property matters, social obligations, farm activities and

livestock rearing stood at 50%, 80%, 50% and 35%, respectively.

72. As far as decision making for different activities is concerned, their involvement in case of

child caring matters and household activities was highest;100 percent whereas, in case of farm

activities/ matters was at lowest; about 50 percent. For other matters, the involvement of the

women was between these two limits. Information in r�� � �� ������ ����� ������� ���

decision making in the routine socio-economic life is presented in Table 3.9.

Table 3. 9: ������� Role in Socio-economic Activities

S. No. Item Participation (%) Decision Making (%) 1 Household Activities 100 95 2 Child Caring 100 98 3 Farm/ Crop Activities 50 15 4 Livestock Rearing/up keeping 35 28 5 Sale & Purchase of Property 50 50 6 Social Obligations 80 75

3.5 Conflict Resolution Mechanism in the Project Area

73. Generally, local disputes are settled through Jirga (Maslehat) (Negotiation). The Jirga is

an informal structure but well organized conflict resolving mechanism exists in the Project area.

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At present this system has been regularized in the prevailing local bodies system. Yet most of

the conflicts and disputes are being settled through Jirga and District Dispute Resolution

Committee. According to the Jirga mechanism, the influential of the area, a community

representative (Chairman/ Counselor), local religious leader, village malik, after hearing the

parties, play their role to resolve the reported dispute/ conflict with mutual consensus. If any of

the party is not satisfied with the decision of the Jirga, then they are free to lodge complaint to

police station or court of law or DDRC. Generally, the people prefer to settle their disputes through

the Jirga to avoid from long enmity, wastage of time and resources.

3.6 Indigenous Peoples (IP)

74. No indigenous people or community has been existed in the entire Lot-I of project area

��������� �� �� �������� �������

3.7 Impact on Historical, Cultural and Religious Structures

75. During assessment and detail measurement surveys none of the historical, cultural or

religious places/ structure or its part existed in the entire Lot-I project area.

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4 LEGAL FRAMEWORK, POLICY AND ENTITLEMENT

4.1 General

76. This section describes national and local laws and regulations that apply to the project,

identifies gaps between local laws and ADB's policy requirements, and discusses how gaps are

addressed; describes the methodology for determining valuations and compensation rates at

replacement cost for assets, incomes, and livelihoods; and describes the land acquisition process

and proposes a schedule for meeting key procedural requirements.

4.2 ���������� �� �� �� �������� �� ��� ����������� �� �����������t

4.2.1 Constitution of the Islamic Republic of Pakistan (1973)

77. The Constitution of Pakistan (1973) clearly addresses the protection of property

rights (Article 24) that it includes �no person shall be compulsorily deprived of his property save

in accordance with law� and ��o property shall be compulsorily acquired or taken possession of

save for a public purpose, and save by the authority of law which provides for ��������� ���

therefore and either fixes the amount of compensation or specifies the principles on and the

manner in which compensation is to be determined and given. Further, Article 4 (sub-

clause/a of 1) states that: �!o action detrimental to the life, liberty, body, reputation or property

of any person shall be taken except in accordance with law.

4.2.2 Land Acquisition Act (1894)

78. The Land Acquisition Act (LAA) of 1894 is the de-facto legal instrument governing

resettlement and compensation to DPs. However, it does not provide for the Project to give due

consideration to social, cultural, economic, and environmental conditions associated with

resettlement. Although LAA lays down detailed procedures for acquisition of private properties

for public purposes and compensation, it does not extend to resettlement and rehabilitation of

persons as required by donor agencies including ADB. Further, experience in other projects has

established that compensation stipulated in the law may not be adequate to provide for equal or

enhanced living status to resettled DPs.

79. Based on the LAA, only legal owners and tenants registered with the land revenue

department or with formal lease agreements are eligible for compensation/livelihood support. For

those without title rights, there are no laws in Pakistan or KP province. The LAA does not openly

mandate for specific rehabilitation/ assistance provisions benefiting the poor, vulnerable groups,

nor does it overtly provide for rehabilitation of income/livelihood losses or resettlement costs.

This, however, is often done in many projects through ad-hoc arrangements negotiated between

a specific EA and the DPs.

80. The law deals with matters related to the acquisition of private land and other immovable

assets that may exist on it when the land is acquired for public purpose. The right to acquire land

for public purposes is established when Section-4 of the LAA is triggered. The LAA specifies a

systematic approach for acquisition and compensation of land and other properties for

development projects. It stipulates various sections pertaining to notifications, surveys,

acquisition, compensation and apportionment awards along with dispute resolution, penalties and

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exemptions. Surveys for land acquisition are to be disclosed to the displaced persons. The Salient

features of major sections of the Act are given in Table 4.1

Table 4.1: Salient Features of Pakista��s LAA 1894

Key Sections of LAA

Salient Features of the LAA 1894

Section 4 Publication of preliminary notification that land in the locality may be needed for public purpose and makes it lawful to conduct survey on the land.

Section 5 Formal not i f icat ion of land needed for a publ ic purpose.

Section 5a Hearing of objections to the land acquisition

Section 6 The Government makes a formal declaration of intent to acquire a particular land.

Section 7 The Land Commissioner directs the Land Acquisition Collector (LAC) to take order the acquisition of the land.

Section 8 The LAC directs the land acquired to be physically marked out, measured and planned.

Section 9 The LAC gives notice to all DPs that the Government intends to take possession of the land and if they have any claims for compensation then these claims are to be made to him at an appointed time.

Section 10 The LAC records statements of the DPs in the area of land to be acquired or any part thereof as co-proprietor, sub-proprietor, mortgage, and tenant or otherwise.

Section 11 The LAC makes enquiries into the measurements, value and claim and issues the final �award�. The award includes the land�s marked area and the valuation of compensation.

Section 12 LAC gives notice of final award to persons interested in the acquired land.

Section 16 When award is made, LAC takes possession and the land shall thereupon vest absolutely in the Government, free from all encumbrances

Section 17 Special power in case of emergency to take possession of any land needed for public purposes or for a company.

Section 18 In case of dissatisfaction with the award, allows DPs to request the LAC to refer the case onward to the court for a decision. This does not affect the Government taking possession of land.

Section 23

Relates to matters to be considered in determining compensation including

i) market value of land, ii) loss of standing crops, trees and structures, iii) any damage sustained at the time of possession, iv) injurious affect to other property (moveable or immoveable) or earnings, v) expenses incidental to compelled relocation of the residence or business and vi diminution of the profits between the time of publication of Section 6 and the time of taking possession plus 15% premium in view of the compulsory nature of the

acquisition for public purposes.

Section 28 Relates to the determination of compensation values and interest premium for land acquisition.

Section 31 Allows the LAC to grant to persons having limited interest on the acquired land other lands in exchange.

Section 48 If within a period of one year from the date of publication of declaration under section 6 in respect of any land, the Collector has not made an award under

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Key Sections of LAA

Salient Features of the LAA 1894

section 11 in respect to such land, the owner of the land shall, unless he has been to a material extent responsible for the delay be entitled to receive compensation for the damage suffered by him in consequence of the delay.

4.3 A���s Involuntary Resettlement Policy A���s Safeguard Policy

Statement 2009

81. The Safeguard Policy Statement (SPS) aims to avoid involuntary resettlement wherever

possible; to minimize involuntary resettlement by exploring project and design alternatives; to

enhance, or at least restore, the livelihoods of all economically displaced persons in real terms

relative to pre-project levels; and to improve standards of living of the displaced poor and other

vulnerable groups. The SPS applies to all ADB-financed and/or ADB-administered sovereign and

non-sovereign projects, and their components regardless of the source of financing, including

investment projects funded by a loan; and/or a grant; and/or other means, such as equity and/or

guarantees.

82. The involuntary resettlement safeguards is triggered in case of physical displacement

(relocation, loss of residential land, or loss of shelter) and 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.

83. The following principles are applied to achieve these objectives:

i. Screen the project early on to identify past, present and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks;

ii. Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the displaced person�s concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

iii. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land-based where possible, or cash compensation at replacement costs for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for

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assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

iv. Provide physically and economically displaced persons with needed assistance, including (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

v. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In r ural areas, provide them with legal and affordable access to land and resources; in urban areas, provide them with appropriate income sources and legal and affordable access to adequate housing.

vi. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

vii. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

viii. Prepare a resettlement plan ���������� �� ����� � �������� ������������� ��� income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

ix. Disclose a draft resettlement plan or the compensation matrix, eligibility criteria or rates determined for the affected land, structures, trees etc., including documentation of the consultation process in a timely manner, before project appraisal, 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.

x. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project�s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

xi. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

xii. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced 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

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4.4 Comparison of Key LAA and ADB SPS-2009 and Measures to Address the

Gap

84. �� ���������� ��� ��� Law and ADB policy adhere not only to the objective of

compensation for affected families, but also the objective of rehabilitation. �������� ��� ���

law is unclear on how rehabilitation is to be achieved and in practice the provision of rehabilitation

is left to ad hoc arrangements taken by the local governments and specific project

�������� �� ��� �� ���� �� ������� ����� ��� �� ����� ������� ��� �� �������� � ��� ���

and consultations undertaken with DPs, valuation and project specific grievance redress

mechanism. Other gaps include requirement to compensate and assist DPs without legal rights

to land, attention to vulnerable groups, indigenous people and severely affected DPs, importance

given to gender issues, monitoring of resettlement implementation, and disclosure of resettlement

plans and monitoring reports. In case of emergency acquisition under the LAA, people may be

displaced prior to being compensated and assisted. To clarify these issues and reconcile gaps

between Paki� ��� �� �� � ! ����"� �������� ���� ������� ��� �� ���#�� � ��������

compensation at replacement cost of all items, the rehabilitation of informal settlers and the

provision of subsidies or allowances for DPs that may be relocated, suffer business losses or

may be severely affected.

85. Difference between Pakistan�s Law, ADB Policy and measures to address the

differences or gaps are outlined in Table: 4.2:

Table 4. 2: Difference between Pakistan$% Law, ADB Policy and Measures to

Address the Differences or Gaps

Pakistan LAA 1894 ADB SPS 2009 Measures to Address the Gap in the

Project

Compensation for land and other assets is based on average values and department unit rates that do not ensure replacement market value of the property acquired. However, LAA requires that a 15% compulsory acquisition surcharge supplement the assessed compensation.

DPs are to be compensated for all their losses at replacement cost, including transactioncost and other related expenses, without deducting for depreciation.

Land valuation is to be based on

current replacement (market) value with an additional payment of 15%. The valuation for the acquired housing land and other assets is the full replacement costs, without deducting for depreciation,keeping in view the fair market values, transaction costs and other applicable payments that may be required.

No provision for resettlement

expenses, income/livelihood rehabilitation measures or allowances for displaced poor and vulnerable groups.

Requires support for

rehabilitation of income and livelihood, severe losses, and for vulnerable groups.

Provision will be made to pay for

resettlement expenses (transportation and transitional allowances), compensate for loss of income, and provide support to vulnerable persons and those severely impacted (considered to be those losing 10% or more of their productive assets).

Squatters and informal

tenants/lease holders are not entitled to compensation for

Lack of formal title is not a bar to compensation and rehabilitation. All

Squatters, informal tenants/leaseholders are entitled to compensation for loss of structures and livelihood and for

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Pakistan LAA 1894 ADB SPS 2009 Measures to Address the Gap in the

Project

loss of structures, crops DPs, including non-titled DPs, are eligible for compensation of all non-land assets if they

occupied the land or structures in the project area prior to the cutoff date for eligibility for resettlement assistance.

relocation. If they occupied the land or structures in the project area prior to the cut-off date for eligibility for resettlement assistance.

Has no specific requirement for the preparation of a LARP

Requires the preparation of a LARP based on social impact assessment and consultation with DPs elaborating on displaced persons� entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

Draft LARP is prepared prior to ADB

appraisal of the project. Final LARP is prepared based on detailed design and is a condition for awarding civil works contracts.

No convenient grievance redress mechanism except recourse of appeal to formal administrative jurisdiction or the court of law

Requires the establishment of accessible grievance redress mechanisms to receive and facilitate the resolution of DPs� concerns about displacement and other impacts, including compensation

Will establish easily accessible

grievance redress mechanism available throughout project implementation that will be widely publicized within respective project area and amongst the DPs.

There is no requirement for

monitoring resettlement implementation and disclosure of resettlement plans and monitoring reports

Requires that LARP

implementation is monitored and LARP and monitoring reports are disclosed in an accessible place and a form and language(s) understandable to DPs and other stakeholders.

LARP implementation will be

monitored both internally and externally. Both internal and external resettlement monitoring reports will be disclosed.

Has an emergency provision that allows civil works to proceed before compensation is paid

Requires that DPs are

compensated and provided other resettlement entitlements

Emergency provision of the LAA will not be used in acquiring land for the project. Civil works may only proceed after the LARP is implemented and

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Pakistan LAA 1894 ADB SPS 2009 Measures to Address the Gap in the

Project

before physical or economic displacement.

compensation for loss of assets and other allowances are fully paid.

4.5 Eligibility and Entitlements

86. Cut-��� ����� ��� ���� ��� ����������� � �� ���� �� ��� ����� ��������� ���-

off date for each section that involves LAR impacts. The cut-off date shall be set and announced

to prevent influx of outsiders and to avoid false and frivolous claims for compensation, relocation

and livelihood rehabilitation entitlements. Any person who enters in the project land after the

announced cut of date or any assets established in corridor of impact after cut-off date will not be

eligible for compensation however, the affected persons will be served a prior notice to remove

their assets and take the salvage free of cost.

87. In case of acquisition of land and land-based assets under LAA provisions, the cut-off

date is the date of notification of land acquisition under Section-4 of the LAA in the official gazette.

Each DP will be documented and issued identification as to confirm his/her presence on the

proposed site/alignment of the project prior to the cut-off date and to avoid false and frivolous

claims at the time of LARP implementation. The cut-off date was disclosed to the DPs through

consultative meetings, focus group discussions, field surveys and other means of communication

including face-to-face communication with communities in close coordination with the heads of

the villages.

88. DPs 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. The

persons holding or occupying the land/assets at the subproject site on or before the cut-off date

and who face physical or economic displacement due to permanent or temporary loss of

their assets including land, structures and other assets appended to the land or their livelihood

whether full or partial as a consequence of land acquisition or eviction from public land (ROW)

will be entitled for compensation and rehabilitation/income restoration provisions under the

provisions of this LARP.

89. DPs may include (i) persons or legal entities with formal legal rights to acquired land

and/or structures in entirety or in part, (ii) persons who have no formal legal rights to land and/or

structures lost wholly or in part but who have claims to such lands that are recognized or

recognizable under national law, and (iii) persons who lost the land or structure they occupy in

entirety or in part who have neither formal legal rights nor recognized or recognizable claims to

such land. The eligible DPs entitled for compensation under this LARP may include but not limited

to the categories defined below:

� Owners of land and assets i.e. structures (residential/commercial or of any other use)

with formal legal title to land and the recorded occupiers/users of land/assets as

provided in the land record registers and cadasters etc.;

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� DPs whose rights are not formal or legal but whose claims are recognized or

recognizable under national laws or customs will be eligible for compensation against

their affected land/assets. Such DPs may include people who have customary

usufruct right to the land that is held either by the community (collectively) or the state

or people who have inherited, occupied, and utilized the land for generations but lack

titles simply because the state has not formalized the land records and issued title to

them.

� DPs without formal legal rights or recognizable claims under national law and

customs and may include all squatters, tenants, sharecroppers, and wage laborers.

Although such DPs lack legal or recognizable rights to the land/asset but because of

lost assets or impacted livelihoods they will be considered DPs eligible to receive

compensation for assets other than land and resettlement assistance.

� Cultivators or those whose livelihood is dependent on acquired land, business

operators of affected commercial structures and their employees whether registered

under law or informal and the identified vulnerable groups.

4.6 Entitlements

90. The entitlement matrix is prepared that will be implemented according to compensation

eligibility and entitlements framework �� ���� ���� ������� law/regulation and ADB Safeguard

Statement Policy (SPS-2009).

91. Keeping in view the possible project impacts, the following compensation and other

assistance/allowances would be permissible to the DPs as provided in (Annexure-5).

� Affected structure/trees/land compensation.

� Vulnerability/women-headed household allowance;

� Crop compensation and additional crop compensation allowance;

� Severity allowance.

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Table 4. 3: Entitlement Matrix for Compensation

Asset Specification Eligible Persons Compensation Entitlements

Agricultural Land, including uncultivable waste land (permanent impact)

All land fall under project Impact

89 Farmer/ Titleholder (Land Owners)

� Cash compensation at replacement cost plus 15% compulsory acquisition surcharge (CAS) free of taxes, registration and transfer costs; or

� Land for land compensation through provision of plots of equal value and productivity as that of lost. (The final rates will be applied/determined by the District Revenue Department/BOR, Govt. of KP)

10 Lessee (registered or not)

� Cash compensation equivalent to market value of gross harvest crop of the affected land for the remaining lease years, up to maximum of three years.

40 Share croppers and 16 Tenants (registered or not)

� Cash compensation equal to the market value of gross annual crop yield of lost land, proportionate to their share for two years.

10 agriculture workers (registered or not)

� Cash indemnity corresponding to their salary for the remaining part of the agriculture season up to maximum three months.

Squatters/ Informal Setters (not Applicable)

� No compensation for lost land. � One rehabilitation allowance equal to market value of the gross annual yield of lost land in addition to standard crop compensation.

land owners, Additional provision for DPs losing more than 10% their total operational agricultural holding.

64 Farmer/ Title holder 16 tenant/ 10 Leaseholder

� Severe agricultural land impact allowance equal to the market value of the gross annual yield of lost land for one year.

40 Share cropper (registered or not)

� One severe impact allowance equal to value of share of harvest lost (Additional to standard crop compensation)

Agriculture Workers (registered or not)

� Agriculture workers, whose contracts will be interrupted, will receive an indemnity corresponding to three months of income.

Squatters/Inform al Settlers

� One rehabilitation allowance equal to value of one gross harvest (In addition to crop compensation)

Temporary impact on arable land

Land required temporarily during civil works

All eligible persons, as above (with and without title)

� Crop compensation for last season(s) and reclamation of land to original use.

Crops grown on land to be acquired

All type of affected crops

148 users with or without title or registration

� Crop compensation based on full market rate for one-year harvest rabi agriculture season based on Provincial agriculture department.

Trees All affected trees

Owner (37)

� Fruit trees: compensation for mature fruit- bearing trees will comprise of the market rate of the yearly crop yield multiplied by the number of years required to grow such a tree to the same productive

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Asset Specification Eligible Persons Compensation Entitlements

level it was cut; and for immature trees that are yet to bear fruit compensation will be based on the gross expense needed to reproduce the tree to the same age it was cut.

� Timber trees will be valued based on the market value of their dry wood volume. The wood of the fallen tree will remain with the owner and its value will not be deducted from the compensation.

Boundary wall, floor etc.

All affected persons

All relevant DPs (including informal settlers)(2 DPs)

� For pacca Rs. 170/sqft, for semi Pacca Rs.150/sq.ft and for kacha structure, Rs.120/sq.ft. Boundary wall will be calculated length x 5-6 ft height.

Affected Vulnerable Households

36 Poor and female-headed Households and other Vulnerable households, Including the elderly, identified through the SIA

Head of the household

� Lump sum assistance allowance in cash equal to 3 months OPL. � Temporary or permanent employment during construction or operation, where feasible.

In case of DP Expires

Any structure Headed of household

� The next eligible DP will be his wife to get compensation.

� No need to provide court succession letter, only death certificate verified by the affected persons committee will be provided.

� In case the DP was only person expires and no other family member recorded during the census survey, no other person will be entitled and compensation will be cancelled.

Unidentified Losses

Unanticipated impacts

All DPs � Dealt with as appropriate during project implementation according to the ADB Safeguard Policy.

* OPL. Official Poverty Line as declared minimum wage by the Government (2018-19)

4.7 Compensation for DPs with Legal and Administrative Impediments

92. A condition for commencing civil is the completion of compensation payments and

provision of allowances to DPs. However, there are cases when compensation cannot be

disbursed to certain DPs due to a number of legal and administrative impediments. DPs who are

unable to receive their compensation include:

i. DPs who did not accept the award due to objection to (a) the measurement of the land or affected asset, (b) the amount of compensation, (c) the person to whom it is payable, or the apportionment of the compensation among the persons interested;

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ii. Absentee land owners (DPs living overseas or in other parts of the country), and without an authorized representative to collect compensation;

iii. DPs with pending inheritance mutations; iv. DPs unenthusiastic to collect meager compensation amount; v. DPs unable to alienate the acquired asset like juveniles with no legally documented

guardian or due to other issues.

93. Compensation for both land and non-land assets is deemed to have been paid when the

amount in cash or cheque has been provided to DPs or deposited into their bank account, or in

the District Treasury ready to be withdrawn at any time the impediment is resolved.

94. Although compensation of these DPs is beyond the control of the PMO and are

mainly dependent of the actions of the DPs or ruling/ decision from a third-party i.e. the court

or BOR, PMO will exert good-faith efforts to (a) contact and notify DPs through their last known

address, village heads or kins; (b) inform DPs who to contact or where to proceed to collect their

compensation; and (c) explore possible actions that may help them receive their compensation.

95. The district collector with support from PMO/PIC, will undertake continued community

consultations and outreach in order to locate, assist and guide DPs with legal and administrative

impediments. Through these efforts with pending compensation payments, organizing village

meetings, posting of notices in public places, serving notices at last known address of DPs and

publishing the names of unpaid DPs in the print media is needed to demonstrate that due efforts

were conducted in addressing cases with impediments.

96. Pending compensation payments, organizing village meetings, posting of notices in public

places, serving notices at last known address of DPs and publishing the names of unpaid DPs in

the print media is needed to demonstrate that due efforts were conducted in addressing cases

with impediments.

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5 COMPENSATION, RELOCATION AND INCOME RESTORATION

5.1 General

97. This section deals with the compensations for affected land, structures and assets that

have been proposed based on the findings of the census and socio-economic survey; and under

the legal and policy framework of GoP & ADB guidelines. The LARP focuses on providing

compensations for the lost assets and prescribes measures to restore their livelihoods to at least

the same living standards of the DPs prior to the project. In Lot-I the overall livelihood will not

affected wherever land is being acquired is not only compensated with the prevailing market rate

but in addition to it the additional crops compensation and vulnerability allowances are also paid

as per SPS 2009 of ADB.

98. Affected land and other assets will be compensated at replacement rate in a timely

manner to ensure that DPs are able to adopt to the impact and are able to use the compensation

for alternative or supplemental source of income for their household. For DPs losing 10% or more

of their agricultural land, a severity allowance equivalent to one-year crop income loss will be

provided as an additional support for them during the transition as they find alternative source of

income.

5.1.1 Additional Assistance for Vulnerable Households

99. Based on the census survey a total of 36 DPs out of 155 have been identified as

vulnerable. Out of these, 2 DPs were female headed household, 18 DPs were poor and below

their income is below the OPL while 16 DPs were consider as elderly headed household. These

DPs will be provided a one-time livelihood assistance allowance equal to 3 months OPL.

5.2 Livelihood Support Intervention Measures

100. The 130 DPs (64 landowners, 10 leaseholders, 40 sharecroppers and 16 tenants) who

are severely affected (i.e. losing 10% or more of their productive assets) and 36 DPs belonging

to vulnerable households may require livelihood support in addition to the compensation and

monetary allowances to help them to cope with their displacement. Related to this, members of

����� ���� �������� �� � ���������� in getting employment as skilled/ unskilled labors during

project implementation.

101. Prioritization in project-related jobs- A number of employment opportunities will be created

during the construction phase, particularly for the un-skilled labor. The contractor will employ

the un-skilled/skilled labor (male and female) from the local communities.

102. Under the Khyber Pakhtunkhwa Government employment policy, long-term/ permanent

employment is provided to the DPs losing land on public developmental schemes. Similarly, after

completion of the PHLCE project permanent/ long-term employment for maintenance and

operation of the canal system will be provided to some of these DPs preferably losing land.

103. Training and Facilitation Support (water-use skills and farm management capacity

improved in project area) under the output-2 of PHLCE project, the project Implementation Office

(PIO/ KPAD) will provide various types of trainings, distribution of agri-inputs, formation of water

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user associations, construction of water courses, undertaking water user association trainings for

efficient operation and maintenance and organization, establishment of 100 demonstration plots

and conduct farmer field schools and farmers training in demonstration plots. Therefore, through

agriculture or livelihood expert and other social mobilization team will be engaged and link such

DPs with related livelihood support and training programs in the project area and provide

alternative occupations or livelihood sources that they may explore. The livelihood restoration

cost of PKR 1 million is also included in LARP-I budget.

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6 INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

6.1 Project Stakeholders

104. There are two types of stakeholders, i.e. primary and secondary stakeholders. In

accordance with the ADB guidelines, the primary stakeholders are the initial stakeholders, such

as displaced persons (DPs), general public and women located within the vicinity of the project

area. Public consultation was made with the local community/ general public along the project

alignment and general positive response by these people/DPs was noted.

105. Under this project, the secondary stakeholders are the representatives of Government

Departments/ agencies involved in the planning, design, implementation and operation of the

project, including various government departments such as Irrigation, Revenue, Forest,

Agriculture, C&W, Education, Health, WAPDA and local government authorities.

6.2 Public Consultations along the Project Alignment

106. During the socio economic survey, a total of 34 consultative meetings were conducted in

which (480) participants participated.

107. During the field survey people were asked about their views regarding the PHLCE project.

In general, people have positive thinking and good hopes about the project is according to them

it will be beneficial for their agricultural land and eventually this canal will raise the productivity of

their land.

Some general concerns of the people are as follows:

i. Land owners demanded compensation against land to be acquired for the canal should

be in accordance with the latest market rates. The participants expressed concern that

the Government land rates are not acceptable to them. Participants requested that

compensation against land acquisition should be given according to the latest market

rates.

Reply: The matter was taken up with the collector of the district and he fixed prices of

land as per the average cost of one year back with effect from the date of notification

under section-4, as per transaction of sale and purchase of land in the vicinity. Even if

the DPs are not satisfied with one year latest sale rate in the nearby vicinity they can file

an objection with the district collector for reconsideration. The district collector is

competent to review the already decided rate. Similarly, the crops, fruit and non-fruit

trees were assessed and valuated by the concerned department in accordance with the

current schedule rate of the affected assets.

ii. The participants enquired about the land which falls within the RoW of the propose

pressure pipe; will it be considered as government property or existing ownership will

remain? They wanted to know whether they will be allowed to cultivate crops after

completion of works on the land which falls within the RoW of the proposed pressure

pipe.

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Reply: Yes! Its Government property since it will transfer on the name of government

and no one will be allowed for cultivation in the entire ROW.

iii. Male household members should be employed in the project related jobs so that they

can stay in their own community, rather than seeking employment outside the project

area. In this way their social safety could be enhanced.

Reply: Agreed the contractor will be asked to engage the local and preferably DPs in

the construction of the project.

iv. The alignment should be in such a way that the loss of agricultural land will be minimal.

Reply: To minimize the displacement, canal alignment has been designed to award its

traversing through the settlements and agriculture land.

6.3 Consultative Discussions with Women

108. During the consultation with the women along the project alignment and in the project

area, interaction with them was made through a female social mobilizer. During consultation, the

following concerns were pointed out by the local women: -

i. Women routine activities/jobs should not be affected due to the implementation of the

project activities

ii. The present Passage/ crossing at different locations should not be damaged during

implementation of civil works.

iii. Organize vocational training center for women for income generating activities in project

area.

109. The community especially the farming community are very excited after hearing about the

actual implementation of the PHLCE project. The detail of consultation meetings/ focus group

discussions in community/ stakeholders are annexed as (Annexure-06).

6.4 Concerns Regarding the Project

110. During the field survey people were asked about their views regarding the PHLCE project.

In general, people are pleased to have this project as their rain-fed land would come under

irrigation.

6.5 Consultations with DPs

111. Consultation is a continuous process that started at the project preparatory stage and will

continue till project completion. Based on the consultations with the DPs and general public,

concerns were highlighted and feedback was provided. The main concerns included the

compensation especially crops & trees should be provided based on current market rates and

disbursement should be made prior to the start of civil works; employment to the local people

should be provided and routine working of local women should not be hindered due to the project

construction activities. RoW clearance for undertaking the project activities should be minimized

to the best possible extent.

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112. Future consultation with DPs will be made through Deputy Director Social Safeguard and

its team. Disbursement of compensation will be made through the PMO and verified by the ERM.

6.6 Information Disclosure

113. Detailed information of the project after translating into National Language Urdu has been

displayed to the local community at appropriate places i.e., PMO, DC and Nazim of District Office

Swabi. Moreover, the LARP and monitoring reports will also be disclosed at the project and ADB

websites. The purpose of these information is for the community and stakeholders to know about

the project activities, i.e. eligibility for entitlement and compensation, price assessment &

valuation of losses, severity allowances, vulnerability allowances, payment of compensation,

community complaints redress system, project benefits, etc.

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7 INSTITUTIONAL ARRANGEMENTS

114. Institutional arrangements and their role & responsibilities are mentioned in this section

of LARP. The details are as under;

7.1 Project Steering Committee

115. The Project Steering Committee (PSC) mentioned is notified by the KP government,

under notification No. C/FA/P&D/ADB/2018, to review the progress and make key decisions for

the project. The PSC is chaired by the Additional Chief Secretary from the Planning and

Development Department (P&DD) includes Secretaries of KPID, KPAD, Finance, Member Board

of Revenue, Deputy Commissioner Swabi, Deputy Commissioner Nowshera, Representative of

ADB, Chief Foreign Aid P&D Department, Chief (Water) P&D Department and any co-opted

member. The Project Director is being secretary of the PSC. Copy of the notified committee is as

(Annexure-09).

7.2 Khyber Pakhtunkhwa Irrigation Department (KPID)

116. KPID is the executing agency (EA) and responsible for overall execution of the PHLCE

�������� ��� �� ��� ���������� �� ��-Farm Water Management (OFWM) and Agriculture

Extension as implementing agency (IA) for improved agriculture and water use skills. For this

purpose, the EA established the project management office (PMO) at project level in Gohati

Swabi in June 2017. The PMO, headed by the Project Director, will manage all activities

associated with the execution and implementation of land acquisition and resettlement and

ensure the availability of funds for the LARP implementation and other corrective action

measures.

7.3 Project Implementation Consultants

117. The PMO is supported by a Project Implementation Consultant (PIC) along with revenue

and land acquisition specialist to prepare, implement and monitor the final LARP based on the

detailed design of Lot-I of PHLCE Project. The land acquisition team who are responsible for the

following activities:

i. Support the BOR in the conduct of DMS and conduct census of all DPs and

socioeconomic surveys;

ii. Thorough coordination with the BOR and relevant departments at the district level to

ensure the actual calculation of compensation and assistance according to the provision

and policy.

iii. Support the PMO at all level and regular consultations with DPs in preparation and

implementation of this LARP;

iv. Preparation of this LARP for ADB review, including any subsequent update or corrective

actions in case of emerging or unforeseen impacts, as required;

v. Disclose the final LARP to the DPs after translating the summary of LARP in local

language (Urdu/ Pashtu) to make it more understandable.

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vi. Update, and maintain the database of the DPs and their assets needed the effective

implementation and monitoring of LAR activities;

vii. Prepare an action plan to implement the LARP;

viii. Formation and orientation of the Grievance Redressal Committee (GRC) for the

community complaints resolution;

ix. To resolve grievances of DPs, monitor and regularly report on the implementation of the

grievance redress mechanism, and maintain a grievances log book;

x. Support the PMO in the effective implementation of the LARP, including the livelihood

restoration activities;

xi. Distribute the notices to the entitled DPs regarding their payment of compensation;

xii. Facilitate the DPs in completion of necessary documentation to receive their entitled

payments;

xiii. Develop a close interaction with the DPs/ community to address their possible concerns;

xiv. ������� ������ ������ �� ��� ��������� � ���� ����� �� ������������

xv. Help the DPs to put their complaints (if any) in front of the GRC, if still issue not resolved

consult the Court of law.

xvi. Explore the possibility and facilitate land swapping and land consolidation to assist DPs

in improving the viability of their remaining plots;

xvii. Prepare monthly progress report on the LARP implementation for submission to the

PMO, and a semi-annual internal monitoring report for submission to ADB;

xviii. Help DPs in other related activities.

7.4 LAR Coordination Committee

118. The functions pertaining to compensation of assets other than land, such as structures/

buildings, trees & crops; and income rehabilitation/ livelihood assistance, the assessment &

valuation is being carried out by the District Collector Swabi, through local line departments. The

competent authority has notified a committee of concerned departments to ensure smooth and

transparent acquisition of land for the construction of PHLCE Project Swabi. The composition

and terms of references of the committee mentioned under the notification No. 44-

AO/Irr/PHLC/2017-18 dated 17 July 2018, attached as (Annexure-10).

7.5 External Resettlement Monitor

119. An external resettlement monitor (ERM) has been hired by the PMO through PIC to

conduct semi-annual external monitoring reports regarding the implementation of this LARP. As

per SPS 2009, all monitoring reports will be disclosed to DPs including the preparation of

corrective action plan(s).

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8 GRIEVANCE REDRESS MECHANISM

120. This section describes mechanism to receive and facilitate the resolution of displaced

�������� �������� �� ��������� �� �������� ��� ��� ��������� ��� ���������� �� �������

persons including women. A grievance mechanism is available to allow a DP to appeal against

any disagreeable decision, practice or activity arising from land or other assets compensation.

DPs will be fully informed of their rights and of the procedures for addressing complaints whether

verbally or in written during consultation, survey, and time of compensation. It is preferred that

DPs/ local community should submit their complaints/ concerns and issues formally and

accordingly the project staff will enter the complaint on community complaint register (CCR)

(ready and available) consisting the minimum information of name and address of complainer,

description of complaint, action taken, status of resolution of complaints and other necessary

information/ record and reasons in case the issue is not satisfactorily resolved. Proper

consideration will be given to avoid the grievances rather than going through a redress process.

This can be obtained through the practicable LAR design and implementation, by ensuring full

participation and consultation with the DPs, and by establishing extensive communication and

coordination between the community, the PMO, the DO (Revenue)/ LAC and other line

departments. Arrangement of GRC meetings at the project and field level will be made by the

PMO and the costs of all type of arrangement will be borne by PMO.

121. The following two types of GRCs with their TORs have been notified by the PMO.

Table 8. 1: Grievances Redressal Committee at Project Level

S.No. NAME DESIGNATION

1 Deputy Project Director (PMO) Chairman

2 Deputy Director Resettlement (PMO) Member

3 Social Safeguard Specialist (PIC) Member

4 Tehsil Nazim (concerned tehsil) Member

5 Revenue Specialist (PIC) Member

6 Representative of (DC Office) Member

7 Deputy Collector (PMO) Member

8.1 TOR of Grievances Redressal Committee at Project Level

i. This GRC will work closely to KPID and GRC at field level.

ii. To receive and facilitate the application and grievances of DPs.

iii. To explains how the procedures are accessible to DPs.

iv. To inform the Affected/ displaced persons of their rights and of the procedures for

addressing complaints whether verbally or in writing during consultation, survey, and

time of compensation.

v. To enter the complaint on community complaint register (CCR) consisting the minimum

information of name and address of complainer, description of complaint, action taken,

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status of resolution of complaints and other necessary information/ record and reasons

in case the issue is not satisfactorily resolved.

vi. Proper consideration will be given to avoid the grievances rather than going through a

redress process. This can be obtained through the practicable LAR design and

implementation,

vii. To ensuring full participation and consultation with the DPs and by establishing

extensive communication and coordination between the community and PMO.

viii. At Project level KPID staff will inform the displaced persons about GRC and mechanism

by pasting the information at prominent places. Names and contact numbers of the

members of the GRC and PMO staff will be disseminated to DPs through information

brochures once these have been notified.

ix. The complaints will be registered by maintaining a community complaints� register

(CCR), where the name & address of complainer, date, description of complaint and

action taken will be entered.

Table 8. 2: Grievances Redressal Committee at Field Level

S. No. NAME DESIGNATION

1 Deputy Collector (PMO) Chairman

2 Social Safeguard Specialist (PIC) Member

3 Tehsil Nazim (Concerned) Member

4 Lady Tehsil Councilor Member

5 Nazim UC (Concerned) Member

6 Representative of the DPs Member

7 Patwari (Concerned) Member

8.2 TOR Grievances Redressal Committee at Field Level

i. This GRC will work closely to Community and GRC at project level.

ii. To receive and facilitate the application and grievances of Affected/ displaced persons.

iii. To explains how the procedures are accessible to DPs.

iv. To facilitate the Affected/ displaced persons to appeal against any decision, practice or

activity arising from land or other assets compensation.

v. To inform the displaced persons of their rights and of the procedures for addressing

complaints whether verbally or in writing during consultation, survey, and time of

compensation.

vi. to enter the complaint on community complaint register (CCR) consisting the minimum

information of name and address of complainer, description of complaint, action taken,

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status of resolution of complaints and other necessary information/ record and reasons

in case the issue is not satisfactorily resolved.

vii. Proper consideration will be given to avoid the grievances rather than going through a

redress process.

viii. To ensuring full participation and consultation with the DPs and by establishing

extensive communication and coordination between the community and PMO.

ix. To inform the displaced persons about GRC and mechanism by pasting the information

at prominent places. Names and contact numbers of the members of the GRC members

and will be disseminated to DPs through information brochures.

x. The complaints will be registered by maintaining a community complaints register

(CCR), where the name & address of complainer, date, description of complaint and

action taken will be entered

xi. the issues/ community concerns relating to the land will be addressed by the revenue

department (LAC)/ and or can be referred to GRC, while issues other than land will be

directly addressed by the PMO and can be placed with GRC at project level to resolve

the community issues. Names and contact numbers of the members of the GRC and

PMO staff will be disseminated to DPs through information brochures once these have

been designated/ recruited.

Table 8. 3: Community Complaints/Grievance Redress Process/mechanism.

Step - 1 The Project will establish a Grievances Redressal Committee (GRC) at

Project and Field Level and also establish a grievance register at PMO level.

��� ������� ������ ���� ��� ������ ��� ��������� ���� �� �������� �

part of internal and external monitoring.

Step - 2 The Grievances Redressal Committee (GRC) at Project and field level will be

responsible for documenting verbal and written complaints. Complaints will be

written onto a complaints register. The complaints Register and records (a) who

reports the complaint; (b) the date the complaint was received and recorded;

(c) the nature of the complaint; (d) information of proposed corrective action;

(e) date of response (verbal and written) provided to the complainant; (f)

corrective actions taken by whom and when, and (g) the date the complaint

was closed out.

Minor complaints will then be directed to the GRC at field level within 2 (two)

days period, the Grievances Redressal Committee (GRC) members and/ or

Contractor Representatives depending on the particular cases for necessary

actions and immediate response. This will be followed by the action plan

provision and implementation no longer than 3 (three) working days.

Step - 3 All major complaints will be forwarded to the GRC at project level and

Management team. Appropriate actions to close out the complaint will be

determined and written onto the form. Where necessary the team will

investigate complaints from the community and an investigation report will be

developed. All the process should be finalized within 1 (0ne) week at most,

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depending upon the cases.

Step - 4 A written response for every grievance will be prepared within 14 (fourteen)

working days at most. The response will be delivered verbally before the written

copy is provided to the complainant. The complainant will be asked to sign and

date the complaints register.

Step - 5 Action Plan implementation. Timelines for possible actions will be determined

by the nature of the grievance as stipulated in the agreed action form. If more

time is required to implement appropriate actions, the Grievances (GRC) at

field level will inform the complainant. PMO will ensure that all actions are

implemented to close out the complaint.

In most cases the written response and agreed actions may be sufficient to

resolve the complaint, otherwise if the complainants unresolved,

Step - 6 The complainant will be referred to the Grievances Resolution Committee at

project level. The Grievances Redressal Committee at project level aims to

resolve complaints within 21 (Twenty-One) working days. Again, depending on

the nature of the complaint, a longer timeline may be agreed upon with the

complainant. If an agreeable solution is reached, the complainant will be asked

to sign on the log book, date, complaints and the agreements to confirm receipt

of agreement with the Project written response.

Step � 7 If both parties are agreed on the compliances of results, both parties will sign

and date the agreement on grievance register. The agreement will become the

formal document for evaluation purposes on project level.

Step � 8 In case, the grievance redressal system does not satisfy the Affected/ displaced

persons, then they can pursue further by submitting their case to the

appropriate court of law as per the process set out in Section 18 to 22 of the

LAA 1894.

8.3 Organogram

122. An Organogram showing the institutional arrangements for the implementation of LARP

is illustrated through a diagram presented in Figure 8-1

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Figure 8. 1: Institutional set-up for the Implementation of LARP

Abbreviations Explanation C&W Communication & Works DFO District Forest Officer DO (R) District Officer (Revenue) DO District Officer DP Displaced Person GRC Grievance Redress Committee GS Gender Specialist GRS Grievance Redress Specialist KPID Khyber Pakhtunkhwa Irrigation Department LAC Land Acquisition Collector MIS Management Information System PD Project Director PMO Project Management Office RS Resettlement Specialist SSMC Social Safeguard Management Consultant XEN Executive Engineer ERM External Resettlement Monitor

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9 IMPLEMENTATION SCHEDULE OF LARP

123. The commencement of civil work will be subject to the satisfactory implementation of this

LARP including payment of compensation of land, structures, crops, trees and allowances/ and

redress of community concerns. The implementation should be verified by an independent/ external

monitor. ADB considers LARP implementation to start after the approval of the final/implementation-

ready LARP.

124. However, an updated schedule for the implementation of LARP (milestones) and its

associated activities of Lot-I, are given in Table 9.1.

Table 9. 1: Implementation Schedule of LARP for Lot-I

Action Responsibility Date of Task Completion

Census of DPs (with socio-economic data)

PIC Consultants Completed

Notify grievance redress committee PMO Completed

Submit revised updated LARP to ADB with approved rates of compensation

PIC Consultants 26 February 2019

Approve updated LARP ADB 25 April 2019

Hire and mobilize ERM PMO/ PIC 5 May 2019

Translate updated LARP information booklet to Urdu language for disseminating to DPs and disclose updated LARP.

PIC 5 May 2019

Sign civil works contract for Lot-I PMO 10 May 2019

Pay mobilization advance PMO/ Contractor 15 May 2019

Publish notification of Section-5 of LAA for Lot-I:

a. Mouza Maini Sharqi b. Mouza Malik Abad c. Mouza Pabini d. Mouza Maini Gharbi

DC/ LAC/ Commissioner

20 April 2019

Publish Declaration of Land Acquisition under section 6 for Lot-I:

a. Mouza Maini Sharqi b. Mouza Malik Abad c. Mouza Pabini d. Mouza Maini Gharbi

Commissioner/ Printing Press

30 May 2019

Issue and notify land award under section 11 of LAA for Lot-I:

a. Mouza Maini Sharqi

b. Mouza Malik Abad

DC/LAC

30 July 2019

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Action Responsibility Date of Task Completion

c. Mouza Pabini

d. Mouza Maini Gharbi

DC/LAC

09 August 2019

Distribute notices to DPs for payment of compensation for Lot-I:

a. Mouza Maini Sharqi b. Mouza Malik Abad c. Mouza Pabini d. Mouza Maini Gharbi

PMO/ LAC and support PIC

30 August 2019

05 September 2019

10 September 2019

16 September 2019

Submit first external monitoring and compliance report

ERM 20 September 2019

Approve compliance report and commencement of work

ADB 25 September 2019

Demarcate in the field areas to be kept from civil work and orient the contractor on the required actions:

a. Mouza Maini Sharqi b. Mouza Malik Abad c. Mouza Pabini d. Mouza Maini Gharbi

PIC/ Contractor

30 September 2019

Complete disbursement of compensation for the land and structure:

a. Mouza Maini Sharqi b. Mouza Malik Abad c. Mouza Pabini d. Mouza Maini Gharbi

LAC/DC Swabi

30 September 2019

Submit compliance report on LARP implementation for ADB approval and recommend issuance of no-objection for commencing work in areas where compensation has been disbursed.

ERM

15 October 2019

Issue no-objection for NTP with civil works for Lot-I

ADB 30 October 2019

Submit semi-annual external monitoring report on remaining LARP activities and emerging LAR issues during implementation of civil works

ERM

April 2020 and every 6 months thereafter until completion of the Project

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10 RESETTLEMENT BUDGET

125. The resettlement budget has been prepared considering the impacts, which include the

loss of land, crops, trees other assets and allowances as received from deputy commissioner,

������ ��������� ���� � ������ ����� �� �� have been assessed on the basis of available

information. The prices of different land types determined by DPAC and District Collector Swabi.

The details of mouza wise demand bills for lot-I is the attached (Annexure-4). The budget

presented below is prepared on the basis of demand notices received from the District Collector,

Swabi. Provision calculated for 10% or more of affected land holders DPs @ equal to 1-crop/

year. Similarly, provision calculated at minimum wage fixed by the government @ PKR 15,000/-

month for a period of three months for vulnerable DPs. Thus, the total amount of land acquisition

is PKR 238.81 million for land compensation as presented in below Table 10.1 and the overall

amount of budget is PKR 290.89 million to compensate all DPs for smooth implementation of

LARP as presented in Table 10.2 below. The detail lists of DPs and their land, crops, trees

structure and other compensation details in the attached (Annexure-5). The EA as in close

contact with the DC Swabi, to ensure with the timely payment of compensation, in order to

implement LARP envisaged in the SPS 2009.

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Table 10. 1: Detail Budget of Land Mouza and Category wise for Lot-I

Total Land under

Acquisition (Kanal)

Rate per

Kanal in PKRTotal Amunt

15 % Compulsory

Acquisition Charges

Total of Column

6+7

2 % Stamp Duty

on Column-8

2 % District Council

Fee on Column-8

Grant Total Amout of

Land Categary wise

1 2 3 4 5 6 7 8 9 10 11

1 Barani Land 143.55 511,877.0 73,479,943.4 11,021,991.5 84,501,934.9 1,690,038.7 1,690,038.7 87,882,012.2

2 Chahi Land 9.45 563,261.0 5,322,816.5 798,422.5 6,121,238.9 122,424.8 122,424.8 6,366,088.5

3 Ghair Mumkin 11.15 180,400.0 2,011,460.0 301,719.0 2,313,179.0 46,263.6 46,263.6 2,405,706.2

4 Malik Abad Barani Land 69.7 141,206.0 9,842,058.2 1,476,308.7 11,318,366.9 226,367.3 226,367.3 11,771,101.6 11,771,101.6 11.��

5 Barani Land 16.4 198,000.0 3,247,200.0 487,080.0 3,734,280.0 74,685.6 74,685.6 3,883,651.2

6 Chahi Land 19.05 264,000.0 5,029,200.0 754,380.0 5,783,580.0 115,671.6 115,671.6 6,014,923.2

7 Ghair Mumkin 34.6 88,000.0 3,044,800.0 456,720.0 3,501,520.0 70,030.4 70,030.4 3,641,580.8

8 Barani Land 132.3 511,877.0 67,721,327.1 10,158,199.1 77,879,526.2 1,557,590.5 1,557,590.5 80,994,707.2

9 Chahi Land 50.7 563,261.0 28,557,332.7 4,283,599.9 32,840,932.6 656,818.7 656,818.7 34,154,569.9

10 Ghair Mumkin 7.85 180,400.0 1,416,140.0 212,421.0 1,628,561.0 32,571.2 32,571.2 1,693,703.4

494.75 3,202,282.0 199,672,277.8 29,950,841.7 229,623,119.5 4,592,462.4 4,592,462.4 238,808,044.2 238,808,044.2 238.81

Total

Total Amount

Mouza Wise of

Lot-I

Lot-I: Valuation of Land Muza and Categary wise by District Collector, Swabi

S. No.

Pabaini

Muzas of Lot-ICategary of

Land in Lot-I

Muza wise Valuation of Land (PKR)

Maini Sharqi 96,653,806.9

13,540,155.2

116.84

Amount in

Million

(PKR)

96.7

13.�4

Maini Gharbi 116,842,980.6

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Table 10. 2: Detailed Budget for LARP of LOT-I, PHLCE Project

S. No. Resettlement Activities No. of DPs

Unit Quantity Unit Rate

(Rs.)

Total Compensation Amount in Rs.

Remarks

A Land Compensation Mouza & Category Wise 1-Mouza Malik Abad

i) Rain Fed Land 16 Kanal 69.7 141,206 9,842,058

2-Mouza Maini Sharqi

i) Rain Fed Land 21 Kanal 143.55 511,877 73,479,943

ii) Irrigated Land 1 Kanal 9.45 563,261 5,322,816

iii) Uncultivable Land 2 Kanal 11.15 180,400 2,011,460 3-Mouza Maini Gharbi

i) Rain Fed Land 20 Kanal 132.3 511,877 67,721,327

ii) Irrigated Land 6 Kanal 50.7 563,261 28,557,333

iii) Uncultivable Land 1 Kanal 7.85 180,400 1,416,140 4-Mouza Pabini

i) Rain Fed Land 10 Kanal 16.4 198,000 3,247,200

ii) Irrigated Land 8 Kanal 19.05 264,000 5,029,200

iii) Uncultivable Land 4 Kanal 34.6 88,000 3,044,800 Govt. Land Kanal 3.6 .-- .--

Compulsory Acquisition Surcharge (15%)

15% 29,950,842

Add 2 % Stamp Duty 2% 4,592,462 Add 2 % District Council Fee 2% 4,592,462 Sub-Total Land (A) 238,808,044

B

Crop Compensation Mouza Wise

For Rabi Season

1-Mouza Malik Abad 22 Kanal 69.07 10,375 937,164

2-Mouza Maini Sharqi 22 Kanal 152.30 10,458 1,493,739

3-Mouza Maini Gharbi 64 Kanal 182.70 7,434 2,089,498

4-Mouza Pabini 39 Kanal 36.15 17,253 662,226

Additional Crop Compensation for Irrigated Land

15 Kanal 79.20 Various 621,856

Sub-Total Crops (B) 5,804,483

C

Trees Category Wise

i) Non-Fruit Trees 25 No. 660 Various 1,319,944

ii) Fruit Trees 12 No. 140 Various 46,055

Sub-Total Trees (C) No. 800 Various 1,365,999

D

Private Structure in ROW

i) RR stone Masonry (Dry) 1 M3 2.71 5384.76 14,593

ii) PCC Block Masonry in CS 1 M3 4.16 5936.29 24,695

Sub-Total Private Structure (D)

39,288

E

Other Allowances

a) Vulnerability Allowance (Cash Allowance for 3-months @ PKR 15000/ Month Fixed)

36 Months 3 15000 1,620,000

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S. No. Resettlement Activities No. of DPs

Unit Quantity Unit Rate

(Rs.)

Total Compensation Amount in Rs.

Remarks

b) Severity allowance for DPs losing >10% of agriculture land equal to 1-crop/year (including landowners, leaseholders, sharecroppers and tenants)

130 1-Crop Rate/ Year

Various Various 3,864,423

Sub-Total Allowances (E) 5,484,423

F

10 agriculture workers cash indemnity corresponding to their salary for 3-months @ PKR 15000/month fixed.

10 Months 3 15000 450,000

G Livelihood restoration cost - lump sum - 1,000,000

H Cost of ERM* - lump sum 1,983,337

Total (Sub-Total A+B+C+D+E+F+G) (PKR) 252,952,237

Rs. in Million 252.95

Add 15 % Contingency 37.94

Grand Total 290.89

*The cost of ERM for lot-I is chargeable to PMO and not included in the LARP total budget.

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11 MONITORING AND EVALUATION

126. The land acquisition and resettlement activities of PHLCE Project will be monitored both

internally and externally. Internal monitoring will be conducted by the EA (PMO) assisted by the

consultants while the external monitoring will be carried out by deploying an ERM as the project

involves land acquisition and other impact. The external monitor hiring process is finalized and

soon will be mobilized after approval of this LARP. The frequency of external monitoring will be

identified in each LARP (Lot wise) depending on the scale and sensitivity of impacts.

127. The baseline socio-economic surveys will provide the benchmark for monitoring. Under

the ADB SPS (2009), all monitoring reports will be disclosed to displaced persons. These reports

will be submitted to the ADB for review and approval prior to possessing the land.

128. Projects risks and impacts will determine the extent and frequency of the monitoring

activities. The EA will carry out the safeguard measures and implement relevant plans as

provided in the legal agreements. Monitoring reports will be prepared monthly, quarterly and

annually. The EA is also required to:

i. Establish and maintain procedures to monitor the progress of the implementation of

resettlement plans.

ii. Verify their compliance with safeguard measures and their progress toward intended

outcomes,

iii. Document and disclose monitoring results and identify necessary corrective and

preventive actions in the periodic monitoring reports,

iv. Follow up on these actions to ensure progress toward the desired outcomes,

v. Retain qualified and experienced external monitor to verify monitoring information for

projects with significant impacts and risks,

vi. Submit periodic monitoring reports (monthly, quarterly and annually) on safeguard

measures.

129. The ADB will monitor projects on an ongoing basis until a project completion report is

issued. All monitoring reports will be disclosed to displaced persons.

11.1 Internal Monitoring

130. The internal monitoring will be prepared by the PMO and social safeguard management

consultant on quarterly basis. Internal monitoring beyond the provision of evidence of payments

of cash compensation will be routinely carried out by the PMO. Submission of internal monitoring

reports to ADB will be prepared on semi-annual basis depending on the LARP implementation

period, and separate from the usual progress reporting so these can be uploaded on the ADB

website for disclosure. Although the progress reports may contain some general update on

resettlement, these are not disclosed.

131. The internal monitoring indicators will include those directly related to the land acquisition

process and levels of household well-being/welfare. These indicators need to relate to the change

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in circumstances before project commencement, during construction and post construction. This

information will be collected by the social safeguard unit of the PMO and reported monthly in

order to assess the progress and results of the LARP implementation. The LARP may require

revisions as demonstrated by the results of the monitoring. The monthly reports will be

consolidated into quarterly progress reports as per standard format of ADB. The following are the

specific times for setting of monitoring/ benchmarks data/ reports.

i. During the initial information campaign and consultation with displaced persons.

ii. At the time of assessment of land acquisition entitlements, and also at the time of

compensation payment for land, crops and trees.

iii. At the time of compensation assessment and payment for affected structures and other

non-land, crop and tree assets.

iv. Immediately after the relocation of displaced persons.

v. At the time of payments for loss of income.

vi. During the selection and distribution of replacement land areas.

vii. During and after income restoration activities.

132. Based on the above information, the PMO (EA) will monitor the day-to-day resettlement

activities related to each lot of the projects using the following techniques.

i. Review of census information for all displaced persons.

ii. Consultation and informal interviews with displaced persons.

iii. In-depth case studies and establishing baseline data

iv. Sample surveys of displaced persons.

v. ��� ��������� ���� �����

vi. Public community meetings.

11.2 External Monitoring

133. As identified the project have an impact due to the acquisition of private agricultural land

of DPs or provision of other allowances, the external monitoring will review the LARP and will be

carried out during the implementation of a LARP. An external resettlement monitor has been

hired through the PIC budget based on the TOR approved by ADB.

11.3 Purpose and objective

134. The objective of external resettlement monitoring is to review the LARP implementation,

and assess the (i) achievement of resettlement objectives, (ii) restoration of the economic and

social conditions of the displaced persons (DPs), (iii) the effectiveness and impacts of the

proposed entitlements, (iv) the need for further mitigation measures if any and (v) institutional

arrangements and capacity to implement resettlement plan. External monitoring should confirm

if compensation payments have been completed in sections with LAR impacts which can be

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handed-over for civil works and timely advice KPID to make decisions on corrective measures, if

required, to implement the LARP effectively.

135. As per Schedule 5 of the Loan Agreement, KPID is required to ensure that (a) no land

shall be acquired for the purposes of the Project under the emergency acquisition provisions of

the LAA; and (b) no physical or economic displacement takes place in connection with the Project

until; (i) compensation and other entitlements have been provided to displaced persons (DPs) in

accordance with the lot wise LARPs; and (ii) a comprehensive income and livelihood restoration

program has been established in accordance with the lot wise LARPs.

11.4 Major Tasks of ERM

136. The major tasks for the ERM include the following:

i. Identify, through field verification and review of records, any gaps in the resettlement

baseline information, including list of DPs, vulnerable groups, affected assets and

livelihood, and suggest steps to update the data;

ii. Review and verify the effective implementation of the lot wise LARPs according to

requirements of the loan covenants and ADB involuntary resettlement safeguards;

iii. Monitor and assess whether resettlement objectives of enhancing, or at least restoring

the livelihoods of all DPs in real terms relative to pre-project levels and improving the

standards of living of the displaced poor and other vulnerable groups have been met;

iv. Review and verify results of internal monitoring reports prepared by PMO through review

of records and random field-visits involving DPs and community groups;

v. Assess the adequacy of information disclosure and consultation activities in meeting the

disclosure and meaningful consultation requirements as per ADB SPS (2009);

vi. Assess if the required grievance redress mechanism (GRM) for the project is existing

and functional, status and actions taken on grievances received and recommend

measures for improvements, if required;

vii. Verify completion of compensation payments in sections with LAR issues and confirm

which sections can be handed over for civil works;

viii. Identify problems/potential problems and emerging LAR issues during project

implementation; and recommend to KPID PMO the required corrective actions and

measures to mitigate problems;

ix. Verify if the livelihoods and the standard of living of DPs, including those of the non-titled

DPs, are restored or improved; and,

x. Within six months prior to the project closing, conduct a post-evaluation of the

implementation of the lot wise LARPs and learn strategic lessons for future policy

formulation and planning.

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11.5 Monitoring Indicators

137. The monitoring will assess the extent to which the provisions in the lot wise LARPs are

being followed and if objectives are being met. Some key indicators include the following:

i. Payment of compensation, adequacy of budget and timelines of payments;

ii. Adequacy of institutional arrangements;

iii. Land and other assets inventory, updating of revenue records and record keeping;

iv. Consultation and information dissemination;

v. Delivery of entitlements, relevance and adequacy;

vi. Preparation and adequacy of relocation arrangements;

vii. House reconstruction;

viii. Provision of employment to DPs, its adequacy, and income levels;

ix. Gender impacts;

x. Identification and rehabilitation of vulnerable groups;

xi. Infrastructure repair, relocation, or replacement;

xii. Provision of transition allowances.

xiii. Quality, effectiveness, efficiency and sustainability of the resettlement efforts.

xiv. Major problems being faced and limitations of implementing the LARPs, emerging LAR

issues during project implementation and corrective measures needed to implement

resettlement effectively.

11.6 Methodology of External Monitoring

138. The methodology for the assignment includes the following:

i. The ERM will review the data and process of the detailed measurement survey (DMS),

census and socio-economic surveys to establish the baseline for monitoring and

evaluating project benefits. The review will include a review of records (including

database, DMS records, questionnaires), a random sample interview using a structured

questionnaire and focused group discussions (FGDs) with some DPs. The sample size

for the sample interviews will be proportionate to the number of DPs in each lots. The

interviews and FGDs will check the DMS process from identification to agreement on

DMS results and evaluate if DMS activities were carried out in a participatory and

transparent manner;

ii. The ERM will synchronize its DP and asset database with the PMO database to come

up with a common baseline for internal and external monitoring. The database will

include validated data on affected assets and categories of DPs, including those who

are severely affected, vulnerable, DPs requiring relocation and DPs with legal and

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administrative impediments i.e. out of the project area, with inheritance mutations, with

disputes, DPs with missing documentation, etc.

iii. The result of the review will be presented in an inception report which will include the

validated list of DPs and affected assets, review of the LARP updating process, a

monitoring work plan (including the preparation of audit reports and semi-annual

monitoring reports), and recommendations for addressing gaps noted in the review. The

inception report will be submitted to the PMO and ADB for review and approval;

iv. Lot wise resettlement audit, that the PMO will propose for handing over civil works

(supported by a compensation monitoring/progress report), the ERM review the status

of compensation award as per Section 11 of the LAA, and carry out a review of records

and random interviews of DPs. The review will confirm disbursement of compensation

payments and cash assistance (including applicable rehabilitation

assistance/allowances: relocation assistance, livelihood restoration allowance, severe

impact allowance, income loss compensation, etc.) and adequacy of notification and

consultations. The review will also assess cases with legal and administrative

impediments to compensation, including adequacy of actions taken by the project to

address these impediments. Based on the review, the ERM will submit resettlement

audit reports confirming the sections/sites that may be handed over for civil works;

v. Six months after mobilization and every six months during the implementation of the

project, the ERM will undertake regular external resettlement monitoring to cover (i) the

overall progress in compensation payments, (ii) status of livelihood restoration activities

including employment of DPs in project-related jobs, (iii) LAR issues and non-

compliances arising during project implementation, (iv) grievance redress mechanism

and status of complaints, (v) information disclosure, (vi) and consultation activities.

These semi-annual reports will be submitted to PMO and ADB for review and will be

uploaded on the ADB website for disclosure. An input to these semi-annual external

monitoring report is the internal monitoring report to be prepared by the PMO;

vi. A post-resettlement survey will be carried within 6 months before the closing of the

project. Sampling for the will include 100% of severely affected and vulnerable

households, as well as at least 20% of all other DPs. The post-resettlement survey

results will be compared with the baseline information collected by the ERM at the start

of his/her assignment. FGDs will also be conducted with DPs and relevant agencies to

help compare pre and post-LARP condition of the DPs. Results will be presented

through a post-resettlement/final report which will also be submitted to PMO and ADB

for review and disclosure;

11.7 Reporting Requirements

i. An Inception Report, including baseline survey report, final list of DPs and assets, draft

formats (as appropriate for various outputs, such as questionnaires, guides, etc.) and

draft outlines for various reports (including resettlement audit reports, semi-annual

monitoring report and post-LARP implementation/ final report within 1 month upon

signing of the contract;

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ii. Lot-wise resettlement audit reports within 2 weeks after receipt of request for handing

over for civil works (supported by a compensation monitoring/progress report)

iii. Semi-annual monitoring reports within 6 months from mobilization and every after 6

months

iv. Post-LARP implementation/final report within 6 months before closing of the project

139. All reports prepared on ADB format will be submitted to PMO, for onward transmittal to

ADB and will be disclosed as and when required for information of DPs.

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Annexures

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Annexure-1:

Draft Notification of under Section-4 for Lot-I

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Annexure-2:

Questionnaire for Data Collection

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A. SOCIO ECONOMIC BASELINE SURVEY FORM

Date: _________________ ID No: (Lot/Component/Moza#/Khasra#/DP#) _________________________________________________________________________ 1. Identification 1.1 Name of Respondent __________________1.2 �������� ��� 1.3 Status of Respondent Owner ____Tenant____ Share Cropper ____ Lease ____ Squatter ____ Other_______ 1.4 Respondent CNIC No: ___________________ 1.5 Tribe ______________________ 1.6 Address______________________________________________________________ Settlement: ____________________________ Tehsil: _________________________ District: _______________________________ Tel #: _________________________

1.7 Demographic Profile of Respondent�� ��������

Children M ___________ F ___________ Total _____________

Sr. No.

Relationship with

Household Head (HH)

(See codes)

Family Members A

ge

(Yrs

.)

Dis

abili

ty T

yp

e

(Y/N

)

Ed

uca

tion

(Se

e C

od

es)

Nam

e o

f B

usin

ess

/ O

ccu

pa

tion

(S

ee

C

od

es)

Incom

e

Fro

m

Bu

sin

ess

/ O

ccu

pa

tion

(R

s./

A

nn

um

)

Dis

eases

Duri

ng

La

st

Ye

ar

(Se

e

co

des)

Main Secondary Main Secondary

1

2

3

4

5

6

7

8

9

10 *Other: Rent from property, remittances, net sale of items during a year, net income from agriculture etc.

Demographic Codes: a) Relationship: 1=Self, 2=Wife, 3=Son, 4=Daughter, 5=Father, 6=Mother, 7=Brother, 8=Sister, 9=Grand

Father, 10=Grand Mother, 11=Bhabhi, 12=Nephew, 13=Father-in-Law, 14=Mother- in- Law, 15= Daughter in law, 16= Grandson, 17= Grand Daughter, 18=Others

b) Sex: 1=Male, 2=Female c) Education: 1= Primary 2= Middle 3= Matric, 4= Intermediate, 5= BA/BSc, 6= MA/MSc, 7=LLB, 8=Engineer,

9=MBBS, 10=Technical Diploma, 11=Dars-e-Nizami, 12=Can Read Quran, 13= Can Insert Signatures, 14= Illiterate,

d) Occupations: 1=Agriculturist, 2=Shopkeeper, 3= Trader, 4= Govt. Servant, 5=Private Servant, 6= Labour, 7=General Labour, 8=Livestock, 9=Fishing, 10= 8=Driver, 11=Health Related, 12=Educator/Teacher, 13=House-Maid, 14= House Wife, 15=Gone Abroad, 16=Gone out City within Pakistan 17 Retired

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e) Diseases: 1=Diarrhea, 2=Measles, 3=Hepatitis, 4=Typhoid, 5=HIV/AIDS, 6=Polio, 7=Cholera, 8=Tuberculosis, 9=Heart Disease, 10=No Disease,

2. Average Monthly Expenditure on Food and Non-Food Items 2.1 Monthly Expenditure on Food & Non-Food Items (Rs.)

a) Exp. On Food Items Sr. No.

Item Qty. / Month Expenditure (Rs.)

1. Wheat / Atta (Flour) 2. Maize Flour 3. Ghee 4. Sugar 5. Pulses 6. Vegetables 7. Tea Leaves 8. Milk 9. Other Specify

10. Meat Total:

b) Exp. On Non-Food Items:

1. Fire wood 2. Gas Cylinder 3. Kerosene Oil 4. Washing Material 5. Shoes and Clothing 6. Medicines 7. Education 8. Social Obligations 9. Others Total:

2.4 Av. Monthly utility bills for: Electricity (Rs.) ________________

Communication (Rs.) __________ Water (Rs.) ___________________

3. Possession of Household Goods

Item No. Value (Rs.) Item No. Value (Rs.)

Television Car

Washing machine Vehicle

Geyser Tractor

Electric fan Telephone/Mobile

Electric iron Electric Water Pump

Sewing machine Computer

Motor cycle/ scooter Other

Total:

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3 - 9

4. Credit 4.1 Have you obtained credit during last year? Yes [ ], No. [ ], if yes, source of credit: Formal [ ], Informal [ ]

4.2 Please write the name of relevant source Formal source (s) _____________________________________________ Informal source (s) ____________________________________________ Percentage of interest _________________________________________ 4.3 Purpose of Loan (Tick)

Purchase House � Rs. _____________

Business � Rs. _____________

Repair of House � Rs. _____________

Medicare of Family Member � Rs. _____________

Family/ Social matters � Rs. _____________

Agriculture inputs � Rs. _____________

Livestock � Rs. _____________

Education � Rs. _____________

Other (specify) � Rs. _____________

4.4 Mode of repayment (Tick the relevant)

1) One time [ ] 2) Through installments [ ], i) Quarterly installments [ ] ii) Six monthly [ ],

iii) Annual [ ] iv) Other (specify) _________

4.5 How much repayment has been made so far? a) 100% [ ], b) 75% [ ], c) 50% [ ], d) 25% [ ], Less than 25 % [ ], Not paid yet [ ] 5. Housing Conditions 5.1 Do you have your own house? 1) Yes ____ 2) No. ____ If yes then Total Area of the house: square ft/Marla.________ Present Value________Rs.

Type of Room No. of Room Katcha (tick) Pacca (tick)

Semi Pacca (tick)

Living rooms

Verandah

Animal shed

Other shed

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Bathroom/Latrine

6. Access to Social Amenities (Tick)

Social Amenities Available Satisfactory Non-Satisfactory

Electricity

Sui Gas

Water Supply

Telephone

Sewerage/Drainage

Health Facility

Education Facility

Others

7 Land Use and Status

7.1 Number of shareholders in ownership ____________ 7.2 Land use arrangement

Self __________ Tenant (tenure of tenancy) ________ years/Months Lease (tenure of lease) ___________ Years/Months Rent (Rs. / acre) ____________ Share Cropper (Arrangements) ___________ Other _______________

Land Acre Kanal Marla

a. Total Area owned

b. Total Cultivated Area

� Area Under Rabi( winter) Crops

� Area Under Kharif (summer) Crops

c. Uncultivated Area

� Waste land

� Area Under Farm Houses

� Barren Land

7.3 Cropping Pattern, Yield and Cost

Sr. No.

Major Crops Area Sown Av.

Production (Kgs)

Price/40 kgs (Rs.)

Total Cost Incurred

(Rs.) Acre Kanal

1 Wheat

2 Maize

3 Tobacco

4 Rice

5 Sugarcane

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Sr. No.

Major Crops Area Sown Av.

Production (Kgs)

Price/40 kgs (Rs.)

Total Cost Incurred

(Rs.) Acre Kanal

6 Orchards

7 Vegetables

8 Other

Grand Total:

8. Livestock Inventory

Livestock No. Present Value (Rs.)

Buffaloes

Cows

Horse

Donkey

Beefarm

Sheep

Goat

Poultry

Other

9. Trees Inventory Fruit Trees _________ Other Trees _________ Total _______ 10. Social Organizations

10.1 Are there any existing village/social organizations in your area? _____ (Y/N)

Category Y/N

Religious

Educational

Skill Development Centre

Social Welfare

Women Organization

Other

10.2. Pattern of Decision Making Which types of decisions are influential in village matters?

Sr.No. Person / Status Decision Pattern %

1 Court

2 Jirga

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10.3 Were their decisions considered final and implemented successfully? 1. Yes 2. No

i) Level of acceptability (%) _______ ii) Successful implementation (%) ___________

10.4 Were you involved in any dispute in the past 01 years? 1. Yes 2. No

10.5 If yes, what was the nature of dispute and how was it resolved Nature of Dispute Method of Resolution 1. ___________________ _____________________________ 2. ___________________ _____________________________ 3. ___________________ _____________________________ 11. ������� ����� ���� ��� �������� ������ �� ������� �������� 11.1 Women participation in different household activities:

Activities Participation (y/n) Decision Making (y/n)

Household activities

Jobs

Farm/Crop activities

Livestock rearing

Sale & Purchase of properties

Social obligations (marriage,

birthday & other functions)

Local representation (councilor/

political gathering)

Education

Others

11.2 Women issues in the project area __________________________________________________________ __________________________________________________________

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12. Proposed Impact of the Project Increase Decrease

� Employment opportunities

� Marketing facilities opportunities

� Living standard

� Unemployment

� Income generating activities

� Mobility (Access to Resources)

� Quality of drinking water

� Agriculture water

� Other specify________________________________

12.1 General Remarks of the Respondents

13. Resettlement Part

13.1 Ownership of Affected Structures_____________ (Self/rented/landlord property/relative

property

13.2 Affected residential structures

Structures Types of Construction Total Area (sft) Affected Area

Kacha Pacca Semi Pacca

Sq. ft. Rft.

Houses

Boundary Wall

Ladder

Other

Total

13.2 Impact on Farm House

Structures Type of Construction Total Area (Sft)

Affected Area

Kacha Pacca Semi Pacca Sq.ft Rft.

Rooms

Cattle Shed

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Structures Type of Construction Total Area (Sft)

Affected Area

Kacha Pacca Semi Pacca Sq.ft Rft.

Boundary Wall

Other

13.3 Impact on Commercial Structures

Structures Type of Construction Total Area Affected Area

Kacha Pacca Semi Pacca Sq.ft

Shop

Wooden Cabin

DPC

Iron Cabin

Other

13.4 Impact on Community Structure

Name Type of Affected Structure

(room/open area/wall) Type of

Construction Size (Sft)

Schools

Mosque

Graveyard

Health Centre

Shrine

Others

Total:

13.5 Impact on Tube wells Yes ______ No ______ If yes then

Types of Tube wells No.

Electric

Diesel

Turbine

Other

Total:

13.6 Impact on Utility Yes ______ No ______

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If yes then

Types Nos. / Area Electric poles Transformer Transmission line Telephone Other

Total: 13.7 Miscellaneous Impact of the Project

Types Nos. / Area Hand Pump Watercourse Lawn Other

14. Do you have any alternate residence place?

Yes No

If yes then (tick relevant)

House Yes/No Location Distance from

current residence (km)

Owned

Tenancy

Relative

Other

15. Vulnerability _____________________________________________________________ _______________________________________________________________________ 16. People concern about the project? __________________________________________________________________ __________________________________________________________________ 17. Views / Comments of Interviewers __________________________________________________________________ __________________________________________________________________

Name & Signature of Interviewer: _______________________ Date: ____________

Checked By: _____________________ Signature ___________ Date: ____________

Page 101: Land Acquisition & Resettlement Plan (LARP)€¦ · Land Acquisition & Resettlement Plan (LARP) _____ Project Number: 47024-004 Loan Number: 3470-PAK Document Type: Final May 2019

Annexure-3:

Urdu Broacher

Page 102: Land Acquisition & Resettlement Plan (LARP)€¦ · Land Acquisition & Resettlement Plan (LARP) _____ Project Number: 47024-004 Loan Number: 3470-PAK Document Type: Final May 2019
Page 103: Land Acquisition & Resettlement Plan (LARP)€¦ · Land Acquisition & Resettlement Plan (LARP) _____ Project Number: 47024-004 Loan Number: 3470-PAK Document Type: Final May 2019

������������ ���� � �� � ����� ����� ��� ��� ��� ���� ����

Page 104: Land Acquisition & Resettlement Plan (LARP)€¦ · Land Acquisition & Resettlement Plan (LARP) _____ Project Number: 47024-004 Loan Number: 3470-PAK Document Type: Final May 2019

Annexure-4:

Demand Bills of the Deputy

Commissioner, Swabi

Page 105: Land Acquisition & Resettlement Plan (LARP)€¦ · Land Acquisition & Resettlement Plan (LARP) _____ Project Number: 47024-004 Loan Number: 3470-PAK Document Type: Final May 2019
Page 106: Land Acquisition & Resettlement Plan (LARP)€¦ · Land Acquisition & Resettlement Plan (LARP) _____ Project Number: 47024-004 Loan Number: 3470-PAK Document Type: Final May 2019
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Page 109: Land Acquisition & Resettlement Plan (LARP)€¦ · Land Acquisition & Resettlement Plan (LARP) _____ Project Number: 47024-004 Loan Number: 3470-PAK Document Type: Final May 2019

Annexure-5:

List of Affected Persons/DPs

Page 110: Land Acquisition & Resettlement Plan (LARP)€¦ · Land Acquisition & Resettlement Plan (LARP) _____ Project Number: 47024-004 Loan Number: 3470-PAK Document Type: Final May 2019

1 Fazal Mustan Bismullah Khan Owner 779,457 49,351 49,351 89,796 967,956

2 Khan Malik Adbul Haji Owner 389,729 24,676 211,733 626,137

3 Habib Gul Rahman Gul Owner 1,567,034 99,217 99,217 1,578 1,767,046

4 Muhammad Yusaf Muhammad Yaqoob Owner 527,757 33,415 33,415 594,588

5 Shahbaz Khan Ajon Khan Owner 381,609 24,162 24,162 429,933

6 Rafiq Akbar Muhammad Gul Owner 397,848 25,190 25,190 448,228

7 Zahid Ghalib Naiknam Shah Owner 698,264 44,211 34,971 777,445

8 Gul Syed Khan Noor Syed Owner 527,757 33,415 398,320 959,492

9 Noor Ali Shah Sher Akbar Owner 381,609 24,162 405,771

10 Noor Ajmal Shah Said Ali Shah Owner 543,996 34,443 34,443 100 612,983

11 Gul Zada Muhammad Anwar Owner 1,705,062 107,956 67,815 1,880,834

12 Abdul Rahim Mirza Jee Owner 625,190 39,584 39,584 704,358

13 Syed Arif Khan Ambara Khan Owner 462,803 29,302 29,302 521,408

14 Abdul Haseeb Muhammad Anwar Owner 430,325 27,246 27,246 484,818

15 Munir Gul Aman Gul Owner 414,087 26,218 440,305

16 Noor Zahid Shah Syed Ali Shah Owner 1,485,840 94,076 94,076 1,673,993

17 Khan Zaman Qadar Khan Owner 1,638,934 1,638,934

18 Sarwar Late Jamsheed Owner 674,245 674,245

19 Qayum Khan Ziarat Gul Owner 6,121,239 92,260 92,260 92,260 6,398,020

20 Ishtiaq Ahmad Atta Muhammad Owner 4,532,671 75,175 4,607,846

21 Murad Ali Sultan Ali Owner 7,888,025 130,824 130,824 8,149,673

22 Altaf Muhammad Khamas Gul Owner 3,679,116 61,019 61,019 3,801,153

23 Ghulam Qadar Ghulam Haider Owner 4,150,043 68,829 68,829 4,287,701

24 Yusaf Khan Amanat Khan Owner 3,973,445 65,900 7,040 4,046,385

25 Khan Bacha Gul Rahim Owner 2,884,427 47,839 47,839 2,980,104

26 Omar Farooq Abdur Razzaq Owner 5,945,451 98,606 98,606 6,142,664

27 Shakeel Mohd Ghulam Mohd Owner 6,828,439 113,251 113,251 7,054,941

28 Ramab Zaman Ayub Khan Owner 4,414,939 73,223 73,223 4,561,384

29 Wasal Khan Mejeed khan Owner 3,826,281 63,460 3,889,740

30 Mira jan Azim gul Owner 3,178,756 52,720 52,720 3,284,197

31 Zar mula khan Yar Mula Khan Owner 3,708,549 61,507 61,507 3,831,563

32 Zohaib Khan Waqar ahmad khan Owner 4,944,732 82,009 17,328 5,044,069

33 Rehman Gul Noor Ahmad gul Owner 2,236,902 37,099 37,099 2,311,101

Lot-I: Census of DPs Land, Crops, Trees and Structure Prices, Severity and Vulnerability Allowances etc. of Affected Persons under Janda Boka Pressure Pipeline & Irrigation System of PHLCE Project

Total

Compensation

(A+B+C+D+E+F)

Amount of Affected

Land (A)

Vulnerability

Allowance (Cash

Allowance for 3-

Months Rs.15000/

Month Fixed (F)

Amount of

Affected Trees

(E)

Amount of Crop

Compensation @ 1-

Crop/ Year (B)

Amount of Additional Crop

Compensation for Irrigated

Land @ 1-Crop/ Year (C.)

Severity Allowance of 10 %

OR More Land Affected

Persons @ 1-Crop/ Year (D)

S. No Name of Land HolderFather Name/

Husband Name

Status of Land

Holders

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Lot-I: Census of DPs Land, Crops, Trees and Structure Prices, Severity and Vulnerability Allowances etc. of Affected Persons under Janda Boka Pressure Pipeline & Irrigation System of PHLCE Project

Total

Compensation

(A+B+C+D+E+F)

Amount of Affected

Land (A)

Vulnerability

Allowance (Cash

Allowance for 3-

Months Rs.15000/

Month Fixed (F)

Amount of

Affected Trees

(E)

Amount of Crop

Compensation @ 1-

Crop/ Year (B)

Amount of Additional Crop

Compensation for Irrigated

Land @ 1-Crop/ Year (C.)

Severity Allowance of 10 %

OR More Land Affected

Persons @ 1-Crop/ Year (D)

S. No Name of Land HolderFather Name/

Husband Name

Status of Land

Holders

34 Hazrat nabi khan Ghulam Owner 2,501,799 41,493 41,493 2,584,784

35 Ishtiaq Ahmad Atta Muhammad Owner 647,524 10,739 10,560 668,824

36 Sher wali Ajaz khan Owner 2,707,829 44,910 2,752,739

37 Khair Ullah Abdul Matin Owner 3,855,714 63,948 63,948 3,983,609

38 Sultan Muhammad Majeed Ullah Owner 3,267,055 54,185 54,185 3,375,424

39 Ghani Muhammad Ali Ahmad Owner 4,797,567 79,568 79,568 4,956,704

40 Murad Ali Sultan Ali Owner 4,532,671 75,175 75,175 4,683,021

41 Qamar Zaman Abdullah Shah Owner 5,959,301 65,476 65,476 65,476 60,025 6,215,756

42 Noor Zada Chamnai Khan Owner 5,505,876 60,495 60,495 60,495 56,942 5,744,302

43 Roman Khan Raheem Shah Owner 5,505,876 60,495 60,495 60,495 67,899 5,755,259

44 Omar Hayat Sultan Mohammad Owner 5,959,301 65,476 65,476 65,476 54,076 6,209,807

45 Naveed Hussain Taj Muhammad Owner 4,858,126 53,378 53,378 53,378 72,357 5,090,616

46 Said Qasim Abdul Hakeem Owner 5,052,451 55,513 55,513 55,513 60,546 5,279,535

47 Fazal Hakeem Jamal Owner 4,885,866 59,071 59,071 35,291 5,039,299

48 Shafi Rahman Ziarat Khan Owner 4,414,939 53,378 53,378 4,521,694

49 M Sheraz Ali Gohar Khan Owner 3,767,415 45,549 45,549 3,858,512

50 Imad Khan Sarwar Khan Owner 5,062,464 61,206 61,206 53,070 5,237,946

51 Usman Ali Syed Jamal Owner 3,414,220 41,279 41,279 3,496,777

52 Khan Muhammad Ameer Muhammad Owner 3,355,354 - 3,355,354

53 Manzoor Iqbal Gul Hayat Owner 4,414,939 53,378 53,378 34,020 4,555,714

54 Sohrab Zada Sher Zada Owner 4,061,744 49,107 49,107 4,159,959

55 Mir Qadar Zardad Khan Owner 3,296,488 39,855 39,855 3,376,198

56 Noor Rahman Hassan Gul Owner 4,591,537 55,513 55,513 4,702,562

57 Sher Muhammad Khan Said Muhammad Khan Owner 3,414,220 41,279 41,279 3,496,777

58 Abdul Qadar Ghulam Haider Owner 4,238,342 51,242 51,242 4,340,826

59 Zahir Muhammad Sadullah Jan Owner 2,884,427 34,873 34,873 2,954,173

60 Aamir Shaid Shamshaid Owner 3,296,488 39,855 39,855 3,376,198

61 Jaffar Khan Mohd Amin Owner 4,002,878 48,396 48,396 4,099,669

62 Ubaidullah Fazal Maula Owner 4,591,537 55,513 55,513 4,702,562

63 Akbar Shah Islam Shah Owner 3,414,220 41,279 41,279 3,496,777

64 Munir Khan Kasher Khan Owner 3,944,012 47,684 47,684 4,039,380

65 Khaista Khan Noray Owner 2,825,561 34,162 2,859,723

66 Siyar Mohd Muhammad Aslam Owner 4,002,878 48,396 48,396 4,099,669

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Lot-I: Census of DPs Land, Crops, Trees and Structure Prices, Severity and Vulnerability Allowances etc. of Affected Persons under Janda Boka Pressure Pipeline & Irrigation System of PHLCE Project

Total

Compensation

(A+B+C+D+E+F)

Amount of Affected

Land (A)

Vulnerability

Allowance (Cash

Allowance for 3-

Months Rs.15000/

Month Fixed (F)

Amount of

Affected Trees

(E)

Amount of Crop

Compensation @ 1-

Crop/ Year (B)

Amount of Additional Crop

Compensation for Irrigated

Land @ 1-Crop/ Year (C.)

Severity Allowance of 10 %

OR More Land Affected

Persons @ 1-Crop/ Year (D)

S. No Name of Land HolderFather Name/

Husband Name

Status of Land

Holders

67 M.Quarish M.Jalil Owner 1,628,561 1,628,561

68 Faqeer Shah Zareen Shah Owner 500,940 19,490 520,430

69 Fazal Sher Muhammad Sher Owner 409,860 15,946 15,946 441,752

70 Mujahid Khan Mir Wali Khan Owner 341,550 13,289 13,289 368,127

71 Tariq Muhammad Qasim khan Owner 364,320 14,174 378,494

72 Shahzar aziz khan Owner 341,550 13,289 354,839

73 Aizaz Ahmad Sher Zaman Owner 364,320 14,174 14,174 392,669

74 Wakeel khan Pir Ghulam Owner 318,780 12,403 331,183

75 Ridad khAN Jamdad khan Owner 364,320 14,174 14,174 392,669

76 Abdul Basit Khan Sayed Nawaz Khan Owner 409,860 15,946 15,946 441,752

77 Shereen Zaman Said Akbar Owner 318,780 12,403 12,403 343,585

78 Fazle-e-Tawab Madad Shah Owner 870,320 76,187 76,187 1,022,695

79 Waqas Ahmad Niaz Muhammad Owner 647,680 56,698 56,698 761,075

80 Gull Faraz Muhd Shah Owner 971,520 85,046 85,046 1,141,613

81 Fazal Rahim Owner 1,012,000 88,590 88,590 1,189,180

82 Fazal Tawab Owner 698,280 20,376 20,376 20,376 4,992 764,399

83 Faraz Shah Owner 667,920 19,490 19,490 19,490 4,992 731,381

84 Ghani Owner 698,280 20,376 20,376 20,376 3,328 762,735

85 Mir Faraz Shah Owner 728,640 21,262 21,262 21,262 5,910 798,334

86 Raza Muhammad Owner 683,100 19,933 19,933 19,933 3,328 746,226

87 Mir Zameen Owner 698,280 20,376 20,376 20,376 4,992 764,399

88 Abdul Waheed Owner 667,920 19,490 19,490 19,490 3,328 729,717

89 Gul Faraz Shah Owner 941,160 27,463 27,463 27,463 1,664 1,025,213

90 Faqir Ullah Ghareeb Ullah Lease 28,788 9,596 45,000 83,384

91 Mukhtiar Akbar Said Umar Lease 38,556 12,852 45,000 96,408

92 Khan Gul Lal Gul Lease 20,563 6,854 45,000 72,417

93 Sahib Zada Saad Gul Lease 32,901 10,967 43,868

94 Ajnabi Gul Rahman Gul Lease 82,252 27,417 45,000 154,670

95 Fazal Zada Wazir Zada Share Croper 17,479 5,826 45,000 68,305

96 Istaraj Khan Gull Roz Khan Share Croper 7,117 2,372 9,489

97 Sanaullah Samiullah Share Croper 10,319 3,440 45,000 58,759

98 Arab Ali Khan Toti Share Croper 56,932 18,977 45,000 120,910

99 Zarshad Niaz Muhammad Share Croper 28,822 9,607 38,429

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Lot-I: Census of DPs Land, Crops, Trees and Structure Prices, Severity and Vulnerability Allowances etc. of Affected Persons under Janda Boka Pressure Pipeline & Irrigation System of PHLCE Project

Total

Compensation

(A+B+C+D+E+F)

Amount of Affected

Land (A)

Vulnerability

Allowance (Cash

Allowance for 3-

Months Rs.15000/

Month Fixed (F)

Amount of

Affected Trees

(E)

Amount of Crop

Compensation @ 1-

Crop/ Year (B)

Amount of Additional Crop

Compensation for Irrigated

Land @ 1-Crop/ Year (C.)

Severity Allowance of 10 %

OR More Land Affected

Persons @ 1-Crop/ Year (D)

S. No Name of Land HolderFather Name/

Husband Name

Status of Land

Holders

100 M Afzal Share Croper 7,117 2,372 45,000 54,489

101 Gul Khitab Gul Abbas Share Croper 37,006 12,335 45,000 94,341

102 Muhammad Sadiq Muhammad Riaz Share Croper 8,184 2,728 45,000 55,912

103 Sabit Khan Noman Share Croper 49,816 16,605 45,000 111,421

104 Ali Gohar Khan Noor Ahmad Khan Share Croper 57,644 19,215 45,000 121,859

105 Abbas Muhammad Mumtaz Muhammad Share Croper 14,233 4,744 45,000 63,977

106 Maqbool ul Haq Samin Gul Share Croper 22,417 7,472 29,889

107 Ghulam dad Mangal dad Share Croper 7,117 2,372 9,489

108 Fazal Maula M Rahim Share Croper 37,718 12,573 50,290

109 Rahmat Shah Mian Gul Share Croper 7,828 2,609 45,000 55,438

110 Yasir Ali Yaqoob Khan Share Croper 9,963 3,321 13,284

111 Noor Zaman Mian Noor Share Croper 23,485 7,828 31,313

112 Farooq Bahadar Gul Bahadar Share Croper 30,245 10,082 45,000 85,327

113 Malak Aman Gul Zada Share Croper 23,485 7,828 45,000 76,313

114 Said Kareem Shah Rahman Shah Share Croper 31,313 10,438 45,000 86,750

115 Jamshed Khan Asham Khan Share Croper 11,386 3,795 15,182

116 Sadiqullah Mirza Muhammad Share Croper 15,301 5,100 45,000 65,401

117 Wazir Khan Chamnai Khan Share Croper 17,791 5,930 23,722

118 Usman ullah Safiullah Share Croper 12,098 4,033 45,000 61,131

119 Wahab Gul Amin Gul Share Croper 29,889 9,963 45,000 84,853

120 Jamraiz Khan Ghulam Qadar Share Croper 30,601 10,200 40,801

121 Marifat Khan Meer Muhammad Share Croper 7,828 2,609 10,438

122 Fazal Muhammad Gul Muhammad Share Croper 49,104 16,368 45,000 110,472

123 M Sajjad M Rauf Share Croper 7,828 2,609 10,438

124 Hazrat Hussain Bakhtawar Khan Share Croper 8,540 2,847 11,386

125 Zahid Nawaz Gul Nawaz Share Croper 40,564 13,521 45,000 99,086

126 Muhammad Wali Muhammad Zaman Share Croper 8,540 2,847 11,386

127 Noor Ahmad Amir Khan Share Croper 14,945 4,982 19,926

128 Sateen Khan Hassan Din Khan Tenant 9,963 3,321 13,284

129 Razi Gul Said Ahmad Khan Share Croper 19,926 6,642 45,000 71,568

130 Mahuddin Islamuddin Share Croper 13,521 4,507 45,000 63,029

131 Abdul Wadood Shah Mir Share Croper 29,889 9,963 45,000 84,853

132 Hazrat Mir Shah Mir Tenant 9,252 3,084 12,335

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Lot-I: Census of DPs Land, Crops, Trees and Structure Prices, Severity and Vulnerability Allowances etc. of Affected Persons under Janda Boka Pressure Pipeline & Irrigation System of PHLCE Project

Total

Compensation

(A+B+C+D+E+F)

Amount of Affected

Land (A)

Vulnerability

Allowance (Cash

Allowance for 3-

Months Rs.15000/

Month Fixed (F)

Amount of

Affected Trees

(E)

Amount of Crop

Compensation @ 1-

Crop/ Year (B)

Amount of Additional Crop

Compensation for Irrigated

Land @ 1-Crop/ Year (C.)

Severity Allowance of 10 %

OR More Land Affected

Persons @ 1-Crop/ Year (D)

S. No Name of Land HolderFather Name/

Husband Name

Status of Land

Holders

133 Rozam Dad Noor Dad Share Croper 11,386 3,795 15,182

134 Noor Dali Khan Noorai Share Croper 8,540 2,847 11,386

135 Gul Rahim Khan Gul Riaz khan Tenant 20,377 6,792 45,000 72,169

136 saeed naeem Abdul haleem Tenant 9,745 3,248 12,994

137 Mir Faraz Shah Muhammad Shah Tenant 18,605 6,202 24,806

138 Noor Muhammad Sher Muhammad Lease 9,745 3,248 45,000 57,994

139 Wazir Muhammad Abdullah Jan Tenant 10,631 3,544 45,000 59,175

140 Saeed Faraz Shah Muhammad Hassan Tenant 18,605 6,202 45,000 69,806

141 Abdur Rehman Faqeer Rehman Tenant 15,947 5,316 21,263

142 Said Amin Muhammad Hassan Tenant 16,833 5,611 45,000 67,444

143 Gul Zameen Sarfaraz Khan Tenant 17,719 5,906 23,625

144 Imran Khan Sher Zameen khan Lease 9,745 3,248 45,000 57,994

145 Amir Ghayas Khan Sher Muhammad Tenant 70,875 23,625 45,000 139,500

146 Iqbal Hussain Taj Muhammad Tenant 16,833 5,611 45,000 67,444

147 Gul Nawab Abdur Razaq Tenant 24,806 8,269 45,000 78,075

148 Nazeer Anwar Shah Muhammad Ghous Tenant 18,605 6,202 24,806

149 Imtyaz Muhammad Wazeer Muhammad Lease 8,859 2,953 11,813

150 Abdul Qadir Abdul Wadood Tenant 8,859 4,283 13,142

151 BakhtZada Sahib Zada lease 8,859 3,453 12,312

152 Shams ul Abidin Shams ul qamar Share Croper 8,859 3,453 12,312

153 Noor Nabi Khan Abdul Wadood Lease 13,289 4,430 17,719

154 Sayed Faraz Shah M Hawas Tenant 10,631 3,544 45,000 59,175

155 Noor Hayat Mohdat Hayat Share Croper 9,745 3,453 45,000 58,198

229,623,119 5,489,147 621,856 3,864,423 1,365,999 1,620,000 242,584,545

229.623 5.489 0.622 3.864 1.366 1.620 242.585 Total Amount in Million

Total Amount in PKR

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1 2661 Fathud Din Abdullah Owner RR Stone Masonry (Dry) 2.71 M3 5,384.76 14,593

2 4066 Ghulam Din Mehruddin Owner PCC Block Masonry in CS 4.16 M3 5,936.29 24,695

6.87 39,288

Unit Rate Total Cost Unit

Lot-I: List of Affecetd Structure of Affecetd Persons under Janda Boka Pressure Pipeline & Irrigation System of Project

S. No Name of Muzas Khasra No.Irrigation

ComponentName of Holder

Father Name/

Husband Name

Status of

Land Holders

Janda Boka

Main Canal (JB-

MC-01)

Pabini

Type of Affected Structure Size of Affected Structure

Total Amount in PKR

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Annexure-6:

List of Consultation Meetings with

Community/ Stakeholders

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Annexure, 06

1-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders.

Meeting Place, Village Janda Boka

Name and Designation

of the Consultants who

conducted the Meeting

Names and

Designation of the

Participants Stake

holders/

Official/Community

Key Issues Discussed.

Mr. Amutharaj

International Consultant

Social and Gender

Specialist.

Mr. Wazir Ali Consultant

Social and Gender

Specialist.

Female Community,

Female Councilors

and Male Nazim of

the Village.

The consultants welcomed the

participants of the meeting and

explained the project details and

the purpose of the meeting

especially to women. The

components of output 2 such as

demonstration plots, formation of

WUA, training on high efficiency

irrigation system, modern &

appropriate cultivation practices

and provision of agriculture

inputs to women were

discussed.

The women who participated at

the meeting informed that water

availability for domestic

purposes and cultivation is a

challenge for them. The ground

water table is very low and the

wells are deep. They pointed out

that household wells are not

available to all the families, so

they have to depend on the tube

wells installed by the

government in public places. The

government tube wells are not

close to all the houses. The

distance varies from 10 to 100

meters to the houses in the

village. The women requested

the consultants to accommodate

few design features in the cannel

design to cater the domestic

water demand in the village.

They highlighted that they

demanding bathing places to

children and washing places in

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identified locations of the

proposed canal. They also

requested to include drinking

water access to cattle in the

design of the canal because

women are taking care of the

cattle at home.

The participants informed that a

Local NGO provided training on

cultivation practice and provided

farm inputs to continue

cultivation for livelihood support.

Ultimately the effort had gone

unsuccessful due to lack of

irrigation water. The women at

the meeting appreciated the

proposed training programs on

off-season vegetables, kitchen

gardening, tunnel farming and

advanced agriculture

technologies. They said the

proposed canal water and the

proposed training would be an

asset for them for their

livelihood. It would help them to

cultivate kharif and rabi crops

throughout the year. They are

anxiously looking forward to see

the project in their village to

flourish their lives.

The consultants explored the

possibility of women participation

in WUA activities. The women

are keen to contribute their role

in WUA and proud to become a

member of it. They said they

would not waste the canal water

and not allow others also to

misuse the canal water because

it is precious to the village

peoples.

The consultants asked about the

women participation in

agriculture activities in the

village. In response to this

situation they said women used

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to go to the fields with their

family members and assist the

male members in different

agriculture activities Female are

very supportive to the male

members in the agriculture

activities in addition to their

routine and traditional household

responsibilities.

Finally the women at the meeting

said they are very supportive of

this project. The consultants

thanked the participants and

their initiatives. With this, the

meeting adjourned.

2- Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders.

Meeting Place, Nazim Office UC Mainai

Name and Designation

of the Consultants

who conducted the

Meeting

Names and

Designation of the

Participants Stake

holders/

Official/Community

Key Issues Discussed

Mr. Wazir Ali Consultant

Social and Gender

Specialist

Mr. Asad Khan

Consultant Environment

Specialist.

Nazim, elected

Representatives and

Community members

of UC Mainai

The participants expressed concern

that the Government land rates were

not acceptable to them.

Community requested that

compensation against land

acquisition should be given

according to the latest market rates.

According to Nazim the farmers of

the village are poor therefore, they

were partially willing for the

installation of pressure pipe in their

agricultural land. They wanted to

know whether the land falling within

right of way of pressure pipe would

be considered as property of

Irrigation Department or the existing

ownership would remain.

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3-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders.

Meeting Place, Nazem Office UC Pabaini

Name and

Designation of the

Consultants who

conducted the

Meeting

Names and

Designation of the

Participants Stake

holders/

Official/Community

Key Issues Discussed

Mr. Wazir Ali

Consultant Social

and Gender

Specialist

UC Nazim and

Elected Councilors

and community.

Community of village Pabani were

completely supportive of the construction

of proposed canal. Consultant team

informed the participants that settlements

are not affected and change in alignment

is not required.

The participants expressed concern that

the Government land rates are not

acceptable to them. Participants requested

that compensation against land acquisition

should be given according to the latest

market rates.

4-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders.

Meeting Place, Office of the XEN Swabi 2

Name and

Designation of the

Consultants who

conducted the

Meeting

Names and

Designation of the

Participants Stake

holders/

Official/Community

Key Issues Discussed

Mr. Wazir Ali

Consultant Social

and Gender

Specialist

Mr. Amutu Raj

International

Consultant Social

and Gender

Specialist

Mr. Sardar Zafar XEN

Swabi.2

Mr. Walayat Khan DPD

PHLCE.

Meetings were conducted with XEN

Swabi 2 office KP Irrigation Department.

The representatives of the said

departments were briefed on the

proposed project interventions and later

they provided information (List of Tube

Wells of Irrigation Department) required

by the consultant Team.

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5-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders.

Meeting Place, District Agriculture Office Swabi

Name and

Designation of the

Consultants who

conducted the

Meeting.

Names and

Designation of the

Participants Stake

holders/

Official/Community

Key Issues Discussed

Mr. Wazir Ali

Consultant Social

and Gender

Specialist

Mr. Hayat Ullah Khan

Consultant Irrigation

water use expert.

Mr. Nimat Gill.

Agronomist.

Mr. Muhammed

Israr khan District

Agriculture Officer

Swabi

Mr. Amir Khatam

Khan Agronomist

Swabi.

The Consultant briefed officials on PHLCE.

The District Officer agriculture show his

great interest in the project activities

especially in the output 2 of the project. He

also showed his full cooperation with

project staff and consultants.

6-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders.

Meeting Place, District Water Management Office Swabi

Name and

Designation of the

Consultants who

conducted the

Meeting

Names and Designation

of the Participants Stake

holders/

Official/Community

Key Issues Discussed

Mr. Wazir Ali

Consultant Social and

Gender Specialist

Mr. Hayat Ullah Khan

Consultant Irrigation

water use expert.

Mr. Nimat Gill.

Agronomist.

Mr. Abdul Hafeez Khan

District Water Management

Officer Swabi

Mr. M. Farooq

Water Management Officer

Swabi.

Consultants briefed District Officer

Water Management on PHLCE

project. He showed his great

interest in project especially in

Water Management Component.

He also showed his full cooperation

with project staff.

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7-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders.

Meeting Place, Village Maini

Name and

Designation of

the Consultants

who conducted

the Meeting

Names and

Designation of the

Participants Stake

holders/

Official/Community

Key Issues Discussed

Miss. Alia

Social Mobilizer

Female Community

and local councilors

village Maini

Male household members should be

employed in the project related jobs so that

they can stay in their own community, rather

than seeking employment outside the project

area. In this way their social safety could be

enhanced.

Community demanded vocational training

center for income generating activities for

women to increase the overall household

income

8-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders.

Meeting Place, District Health Office Swabi

Name and

Designation of

the Consultants

who conducted

the Meeting

Names and

Designation of the

Participants Stake

holders/

Official/Community

Key Issues Discussed

Mr. Wazir Ali

Consultant

Social and

Gender

Specialist

Dr Naiz Muhammed.

District Health

Officer ( DHO)

Swabi

The Consultant briefed the District Health

Officer (DHO) Officer on PHLCE project. The

District Health Officer assured his full support

to consultant and also share the District Data

with Consultant for updating the report.

9-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders.

Meeting Place, Tehreek Nowjawanan Office Topi Swabi

Name and

Designation of the

Consultants who

conducted the

Meeting

Names and

Designation of the

Participants Stake

holders/

Official/Community

Key Issues Discussed

Mr. Wazir Ali

Consultant Social

and Gender

Specialist.

Mr. Arif Shah

President Tanzeem

Naujawanan Topi

NGO Swabi.

Government departments and NGOs were

organized to discuss project interventions

and their potential impacts. In these

meetings, stakeholders were informed of

the salient features of the project, its

location and activities.

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10-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders.

Meeting Place, Village Pabaini

Name and

Designation of the

Consultants who

conducted the

Meeting

Names and

Designation of the

Participants Stake

holders/

Official/Community

Key Issues Discussed

Mr. Wazir Ali

Consultant Social and

Gender Specialist

Community, UC

Nazim and Elected

Councilors.

The Community of Village Pabani were

completely supportive of the

construction of proposed canal.

The study team informed the

participants that settlements were not

affected and change in alignment was

not required.

11-Consultation Meeting/ Focus Group Discussions in Community/ Stake Holders.

Meeting Place, Nazim Office UC Mainai

Name and

Designation of the

Consultants who

conducted the

Meeting

Names and

Designation of the

Participants Stake

holders/

Official/Community

Key Issues Discussed

Mr. Wazir Ali

Consultant Social and

Gender Specialist

Mr. Asad Khan

Consultant

Environment

Specialist.

Nazim, elected

Representatives and

Community members

of UC Mainai

The participants expressed concern that

the Government land rates were not

acceptable.

Community requested that compensation

against land acquisition should be given

according to the latest market rates.

12-DPs/ Community Concerns and their Redress

Concerns Feedback

Compensation for the affected land, houses, shops and other private assets should be fixed in accordance with current market rates/replacement cost.

Compensation rates needs to be assessed based on the replacement cost.

Remarks/ Actions to be

Taken Under the supervision of Deputy Commissioner (DC) a District Price Committee (DPC) has been constitute to assess the market and fix the rate of land, structures, shops other assets and properties according to yaksala (current year market rate). Detail of the District Price Committee (DPC) has been attached.

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Concerns Feedback

The rates of land available in revenue record are very low; therefore, the Affected persons should be compensated as per market rates.

Land compensation should be at current market rates.

Compensation on the loss of crops and trees should be ensured before to start the project. The permission should be made to local community to collect the wood material from the removed trees. It should be preferred if construction activities should be done after the harvest of the crops

Compensation for the loss of crops and trees would be estimated by the concerned departments considering the current market rates and would be paid before to start of construction work. The local community would be allowed to collect the removed trees.

In case of crop losses, crop compensation should be provided.

Remarks/ Actions to be

Taken Under the supervision of Deputy Commissioner (DC) a District Price Committee (DPC) has been constitute to assess the market and fix the rate of land, structures, shops other assets and properties according to yaksala (current year market rate). Detail of the District Price Committee (DPC) has been attached. This is a mandatory as per ADB SPS 2009 to ensure the payment of compensation prior to start civil works.

The local community would be allowed to collect the removed trees. Construction is a continuous activity. However, crop losses would be provided based on the affected cropped area.

Unskilled/ semi-skilled labour should be taken from the local population. This opportunity will help to increase household income of local population of the sub-project area.

Requisite unskilled labor would be engaged from local population preferably DPs.

Provision of such clause has already been made in the contract agreement of contractor

Religious and educational structures like Mosques, madrassas and graveyards/shrines should be saved from demolishing as such as possible.

Generally, relocation of Mosques, graves, commercial and residential structures has been avoided except those ones which are unavoidable to relocate. However re-building/ re-settlement of such social, religious structures will be ensured.

There is no such structure in land acquired for RoW of the canal system in the area

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Concerns Feedback Remarks/ Actions to be

Taken ����� �� ����� ������ ��

passage on selected locations at canal should not be disturbed during the construction activities.

The timing of work will be adjusted in a way to avoid disturbance in women activities/mobility.

��� ��� �� ��� ���� ��

instructed not to disturbed mobility of women during construction of canal network

Relocation of settlements should be minimized by changing the PHLCE design, where possible.

PHLCE has been designed in a way to minimize the impact on settlements.

The canal network has been designed in a way that impact on settlements is minimized

Payment of compensation for vulnerable DPs should be ensured.

Allowance should be paid

Compensation would be paid to the concerned prior to taking the work in hand by the contractor

Transport for relocation of assets and timely compensation to all the affected persons must be ensured.

To take care of the land acquisition, relocation and compensation matters, Entitlement Matrix has been developed in consultations with the DPs for the compensation of their affected land, structures and their source of livelihood.

There is no displacement involved in this lot

In addition to compensation the livelihood assistance to the DPs should also be provided.

Allowance should be paid

There is no displacement involved in this lot

Compensation against all the losses should be provided prior to start of the civil work so that the impact on the livelihood of the DPs could be minimized.

This can be ensured that all payments will be given to the eligible and entitled DPs prior to initiate the civil work.

Compensation would be paid to the concerned prior to taking the work in hand by the contractor

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Annexure-6A:

Consultation Meeting Attendance

Sheets

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Annexure, 06-A

Figure-8.1.2: Attendance Sheet and Pictures of Focus Group Discussion Village Nazims

Mainai.

Figure-8.1.3: Attendance Sheet and Pictures of Focus Group Discussion Village Nazims

Pabaini

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.

Figure- 8.1.5: Attendance Sheet and Pictures of Meeting/ briefing of District Director, Agriculture Swabi

Figure- 8.1.7: Attendance Sheet and Pictures of FGD Village Manai.1

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Figure- 8.1.8: Attendance Sheet and Pictures of Meeting with DHO Swabi

Figure- 8.1.9: Attendance Sheet and Pictures of Meeting with President Tanzeemi Noujawanan Topi

Figure-8.1.10: Attendance Sheet and Pictures of Focus Group Discussion Village Pabaini Swabi

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Annexure-7:

Notification of District Price Assessment Committee

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Annexure-8:

Photographs

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Annexure, 08

PICTURES OF COMMUNITY/ STAKE HOLDERS MEETINGS

FGDs in Village Janda Boka Swabi

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Meeting/ Presentation to XEN Irrigation Swabi. 2.

.

Meeting with District Director Water Management office Swabi

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Meeting with Community at Village Pabini

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Figure- 8.1.11: Meeting with Nazim and Councilors UC Manai

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Annexure-9:

Notification of Project Steering Committee

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Annexure-10:

LAR Notification

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