Professional Documents
Culture Documents
Prepared by Rajasthan Urban Drinking Water Sewerage and Infrastructure Corporation Limited-
Externally Aided Projects for the Asian Development Bank.
CURRENCY EQUIVALENTS
(as of 20 May 2020)
Currency unit – Indian rupee (₹)
₹1.00 = $0.01322
$1.00 = ₹75.6565
ABBREVIATIONS
km - kilometer
kl - kiloliter
m - meter
mm - millimeter
LPCD - liters per capita per day
NOTE
This land acquisition and involuntary resettlement due diligence report is a document of the
borrower. The views expressed herein do not necessarily represent those of ADB's Board of
Directors, management, or staff, and may be preliminary in nature. Your attention is directed to
the “terms of use” section of this website.
In preparing any country program or strategy, financing any project, or by making any designation
of or reference to a 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.
CONTENTS
Page
I. INTRODUCTION 1
A. PROJECT OVERVIEW 1
B. OBJECTIVES AND SCOPE OF THIS REPORT 1
II. DESCRIPTION OF SUBPROJECT AREA 2
III. SUBPROJECT DESCRIPTION 4
A. PRESENT STATUS OF WASTEWATER SYSTEM IN TOWN 4
B. PROPOSED SUBPROJECT COMPONENT 4
IV. FIELD WORK - SURVEYS AND PUBLIC CONSULTATIONS 13
V. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 14
VI. INFORMATION DISSEMINATION 26
VII. GRIEVANCE REDRESS MECHANISM 26
VIII. CONCLUSION 30
IX. NEXT STEPS 30
APPENDICES:
1. Zone-wise population projection
2. (a) Summary of Public Consultations
2. (b) Minutes of City Level Committe meeting
3. (a) Letter of land allotment for sewage treatment plant by Deputy Secretary, Local Self
Government Department, Jaipur
3. (b) Land record of proposed sewage treatment plant, near Naribari village
3 (c) Google map depicting location of proposed sewage treatment plant, near Naribari village
road
4 (a) Land record of proposed sewage pumping station, behind Dholi Sati Temple
4 (b) Google map and location of proposed sewage pumping station, near Dholi Sati Temple
5 (a) Land record of proposed sewage pumping station, near railway underpass
5 (b) Google map and location of proposed sewage pumping station, near railway underpass
6 (a) Letter of Municipality to Director, LSGD to approve purchase of land for Sewage Pumping
Station near Fatima Masque
6 (b) Relevant Excerpts of Rajasthan Municipal Act, 2009
6. (c) Google Map and Location of Proposed Sewage Pumping Station at Fatima Masjid
7. Terms of Reference for Third Party Certification for Negotiated Settlement/Voluntary Land
Donation
8. Grievance Registration Format
9. Proposed Subproject Site photographs
I. INTRODUCTION
A. Project Overview
2. The proposed Fatehpur Wastewater Subproject is not assessed to have any involuntary
resettlement impacts. The main objective of due diligence exercise is to confirm that the
subproject is free of involuntary resettlement impact such as land acquisition, physical
displacement, economic displacement, adverse impact on livelihood, community properties or
any other impacts, based on a review of land records, stakeholder consultations and field visits
to proposed project locations. This document describes the findings and provides copies of
relevant documents, minutes of meetings and photographs.
3. This land acquisition and resettlement due diligence was carried out for all sub-project
components that include: (i) construction of one Sewage Treatment Plant (STP) of 4.3 millions
liter per day (MLD) capacity based on Sequencing batch reactors (SBR) technology,Treated
Effluent Elevated Reservoir,Treated Effluent Storage Reservoir, Effluent Pumping station; (ii)
three sewage pumping station (SPS) at Behind Dholi Sati temple (3.5 MLD capacity), near railway
under pass (1.10 MLD capacity) in Zone 2, Ward No. 3 and, near Fatima Maszid (0.6 MLD
capacity); (iii) Laying of sewer network (104. 5 km) in town, including 8 km (approximately) through
trenchless works, (iv) Laying rising main of 3.2km; (v) Service connection of 6,600 units (vi)
electrical and mechanical works and other allied works; (vii) one consumer relations management
centre (CRMC) in the proposed SPS campus, behind Dholi Sati temple; (viii) operation and
maintenance of sewerage system (for 10 years); (ix) faecal sludge and septage management
(FSSM) to provide low cost sanitation to population on the outskirts of the town or in scattered
habitations where sewer network is not an immediate requirement, till laying of sewer line in future.
1 Project towns include Banswara, Abu Road, Sirohi, Pratapgarh, Khetri, Mandawa, Kuchaman, Ladnu, Didwana,
Makrana, Laxmangarh, Fatehpur, Ratangarh, Sardarsahar.
2
4. Due diligence involved site visits and discussion with relevant local government offices for
land records, ownership details and permissions/approvals required, if any, for use of land . This
was followed by a detailed public consultation to inform the public / stakeholders on the project
components and to ascertain if there are any potential involuntary resettlement impacts. Site visits
and consultations were conducted by the team comprising detailed project report (DPR)
consultants, social safeguard consultant and staff from project management unit (PMU) and staff
from the urban local body (ULB).
5. This draft due diligence report (DDR) has been prepared by assimilating the details of the
draft DPR, findings from the field visits and discussions with relevant government officials and
information gathered during public consultation which is aligned with ADB’s safeguards
requirements. The proposed works are assessed to not involve any temporary or permanent land
acquisition and involuntary resettlement impacts.
7. As per census of India, 2011, Fatehpur had a population of 92,595, comprising 47,601
amles and 44,994 females. Fatehpur municipal population has an average literacy rate of 63.94%
which is lower than the state average (66.11%). Average literacy for males is 58.17% while
females literacy has been recorded as 41.83%. In Fatehpur, 14.44% of the population is under 6
years of age. Total children (0-6 years) are 13,367 as per census of India, 2011. Sex ratio of the
town is 945 females per 1000 males which is better than state level average (928). However, sex
ratio of children (0-6 years) have been recorded as 899 girls per 1000 boys. Zone-wise population
coverage and projections of proposed subproject is provided in Table 1 (Zone-wise population
details of entire town is provided in Appendix 1).
8. The town has an operational sewage treatment plant of 7.5 million liters per day (MLD)
capacity and a 88 km long sewer network, providing partial coverage of town population. In
unserved area, household wastewater is discharged into storm water drains. Lack of treatment
facility is contributing to environment pollution and contamination of ground water in the area.
9. In the absence of safe disposal and treatment of sewage (due to partial or no coverage in
several municipal zones) as mentioned above, the people of Fatehpur town (and specifically those
outside coverage area) live in an unhealthy and unhygienic environment. There is general public
demand for sewerage systems in areas that are unserved. Upon execution of the proposed
sewage collection and treatment system in such areas, environmental health and hygiene
conditions for the local community are expected to improve.
2 Layout plan for proposed SPS near Fatima Maszid (mosque) to be prepared after the process of negotiated
settlement, which is currently underway (refer Appendix 6 for evidences of process initiation) for the proposed site is
concluded.
6
Figure 2: Layout of Proposed Sewage Treatment Plant, near Naribari village road
Figure 3: Layout of Proposed Sewage Pumping Station, near railway underpass, Nawalgarh road
Figure 4: Layout of Proposed Sewage Pumping Station, behind Dholi Sati Temple
Figure 6: Proposed Faecal Sludge and Septage Management Service Coverage Area
Figure 7: Alignment of Rising Main from Sewage Pumping Station, Dholisati Temple to Node-862
Figure 8: Alignment of Rising Main from Sewage Pumping Station, near railway track to node-697
12. Based on the site feasibility and topography, the town has been divided into 3 drainage
zones. The Zone wise details are as under:
13. Zone 1: This Zone comprises ward no. 32, 33 and 34. Sewage of this zone is proposed
to be collected from Node 905 on Nawalgarh Road through the proposed SPS (1 MLD capacity)
to node 50 in zone 3. This zone includes areas of Pratap Nagar, MeenoKaMohalla,
MugalonKaMohalla, Bhuwana Colony, Pinjara Pole Gaushala etc.
14. Zone 2: This Zone comprises ward no. 2, 3 and some part of ward no. 1 and 4. Sewage
in this zone will be collected from Node 675 near Fatima maszid and pumped to the STP. The
rising main shall be laid along the road. The location for pumping stations has been proposed
near Maszid Fatima. The location of proposed STP is within existing STP campus on Fatehpur –
Naribari Village. This zone covers the areas of JRG Cinema Hall, Raghunathpura, Fatima maszid,
Chauhan colony etc.
15. Zone 3: This Zone comprises ward no. 17, 36, 37, 38, 39 and some part of ward no. 1,
15, 16, 35 and 40. Sewage off take of this zone will be from Node 1385 near Kabristan where 3.5
MLD capacity SPS is proposed. This zone includes areas of Momin Pura, Bagriyon Ka Mohalla,
Kumaron Ka Mohalla, Agriculture Research Centre, Shubh Nagar, Daulata Bas and Ambedkar
Nagar etc.
16. Field visit and transect walk were carried out in the subproject area. The field visit team
comprised of the DPR consultants, safeguard consultant from PMU, and staff from ULB office.
Piped network is proposed mostly in residential areas on the outskirts of the town. No vendor or
any potentially affected person was identified within the right-of-way (ROW) during transect walk.
Similarly, no involuntary resettlement impact was assessed at proposed sites for components
such as STP and SPS. Sewer lines in the core or main commercial areas have already been laid
under Urban Infrastructure Development Scheme for Small and Medium Towns (UIDSSMT)
project, in the past. A series of consultations including meetings and discussions were held with
the local community and key informants to collect information for this due diligence report.
17. In addition, interviews were conducted with the officers of Nagar Palika (urban local body),
public health engineering department (PHED), and other stakeholder agencies. Participatory
methodology was used to conduct consultations in community meetings, to solicit views, concerns
and suggestions on the proposed sub-project. Major demand from the community members was
for extension of sewer network coverage to unserved areas. Consultations also included
discussion over project objectives, RSTDSP implementation arrangements, grievance redress
mechanism (GRM) and safeguards requirements as laid down in ADB’s SPS, 2009. Details of
public consultations are provided in Appendix 2(a).
18. Community engagement, public consultations and disclosure will be an ongoing exercise
through the entire subproject planning and implementation phase. An indicative list of
consultations (types) to be conducted in future and its schedule is presented in the table below.
Progress achievements in this respect will be reported in the semi-annual social monitoring
reports by the PMU.
14
19. Laying of sewer network is proposed to be carried out within the existing available ROW
of government roads3 and hence, no land acquisition will be required for this component. Similarly,
there is no requirement for land acquisition for construction of the proposed Sewage Treatment
Plant (STP) and two sewage pumping stations- one behind Dholi Sati Temple and another near
railway underpass. Proposed STP will be constructed at existing STP campus while two SPS will
be constructed on government owned land. Proposed sites are vacant land parcels, not under
any productive use. No involuntary resettlement impacts to any person (including loss of livelihood
to non-titleholders) are anticipated for these subproject components. Supporting documents such
as land revenue record and google maps of proposed STP are provided in Appendix 3a to 3c,
while land revenue records and google maps of two SPS are provided in Appendix 4 and 5.
20. The proposed subproject includes a sewage pumping station proposed near Fatima
Masjid. Due to non availability of government land in the area, ULB proposes to obtain private
land through negotiated settlement (direct purchase). The Project’s resettlement framework and
policy guidelines also encourage acquisition of land and other assets through negotiated
settlement wherever possible. It further requires the process of negotiation and meaningful
consultation to be conducted in a manner where both parties (each affected person/family
including non-titled and the land requiring body) agree on a fair price for all losses incurred while
ensuring that in such transaction, risks of asymmetry of information and bargaining power of the
parties involved are fully addressed by the government. If negotiation fails and results in
expropriation, all safeguard requirements as per the ADB SPS, 2009 will be applied and
resettlement plan will have to be prepared in line with the resettlement framework.
21. For the proposed SPS near Fatima Masjid, ULB has initiated the negotiation process with
a willing land seller. A land parcel measuring 305.29 square meter (m2), owned by Mr. Khissar
Khokar s/o Iliyas, resident of Fatehpur, is identified for the purpose. Evidence of initiation of
negotiated settlement that includes formal request by ULB for sanction for land purchase is
provided in Appendix 6(a). ULB will exercise power vested upon it by Municipal Act, 2009, part
(4) to carry out the above-referred land purchase. As per provisions of the Act (refer Appendix
6[b]), municipality can aquire land by agreement, exchange, lease and grant. The Act further
states that ULBs may on such terms and conditions as may be approved by it and with prior
approval of the state, acquire any immovable property and easement by agreement.
22. The municpality will ensure that negotiations in this project meet the following procedural
requirements:
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23. The Municipality will engage a third party to document the entire negotiation and
settlement process that will also validate compliances with process requirements as mentioned
in the paragraph above. This DDR document will be updated to include documentation of the
negotiated settlement including sale agreement, payment of negotiated price, transfer of
ownership, minutes of meetings with landowner and third-party certification.
24. For the FSSM component, there is no additional land requirement as household level
waste collection will be done through tankers which will dispose collected waste in the proposed
STP for treatment. Land acquisition and resettlement impacts of subproject components are
summarized in Table 7.
Table 7: Subproject Components and its Land Acquisition and Resettlement Impacts
SN Name of the Components Permanent Temporary Remarks
Land Impact
Acquisition
and
Resettlement
Impacts
1 Construction of one STP, near No No STP and its components
Naribari village road including (TEER, TESR, EPS) will be
Treated Effluent Elevated constructed on the available
Reservoir (TEER), Treated land, adjacent to existing STP
Effluent Storage Reservoir and within same campus.
(TESR), Effluent Pumping station Land is under the possession
(EPS). of Nagar Palika ULB).
Proposed land is vacant,
17
Table 8: Details of land availability, ownership and status of No Objection Certificate (NOC) for sites
Project Component Location Ownership Area of land Area Khasra NOC status Photo of Land
available at require No.
the location d
(m²) (m²)
Sewerage
Construction of one Near Government of 82100 3500 138,625 No NOC required. Work
STP of 4.3 MLD Naribari Rajasthan (land ,1129 to be undertaken in
capacity with SBR Village was allotted to existing STP campus.
technology ULB in 2006) The site has been
allotted to Nagar Palika
(ULB). Sufficient vacant
and unused land is
available within the
campus. Refer to
Appendix 3
Construction of 3 nos of Near Private 305.29 200 817/981 Negotiated settlement
Sewerage Pumping Fatima Ownership is proposed for
Station Masjid obtaining the land
(0.6MLD) required. ULB has
identified a potential
willing land seller and
negotiated settlement
process has been
intiated. ULB has also
made budget allocation
for purchase of land.
Refer to Appendix 6.
Negotiation process is
yet to be concluded.
Third party verification
of the entire negotiation
process will be
documented and
included in updated
DDR.
20
Project Component Location Ownership Area of land Area Khasra NOC status Photo of Land
available at require No.
the location d
(m²) (m²)
Behind Government of 4800 600 850/1 No NOC required as
Dholi Sati Rajasthan. proposed site is allotted
Temple (3.5 Land is allotted to ULB- Refer Appendix
MLD) to Nagar Palika 4.
Near (ULB)
Kubristan
25. Pipelines will be laid in the vacant right-of-way of roads (refer Table 10 for photographs of
sample roads where pipes of major diameters will be laid) which belong to the government. No
involuntary resettlement impacts including impacts on structures and livelihoods of the people are
anticipated. Sewer network coverage in core commercial areas of the town has already been
completed under UIDSSMT project. Hence, no temporary economic impacts are anticipated due
to laying of sewer network. Transect walk in coverage area further confirms the assessment of no
temporary economic impacts.
26. Table 9 provides details of sewer network length to be laid with pipes of varying diameters,
available ROW of roads in different zones in the town. Transect walk was carried out in all roads
in the subproject area to assess if existing available ROW of government roads is sufficient to
avoid involuntary resettlement impacts. Site visits confirm that there will be no loss of structure
including common property resources (CPRs). Further, no other involuntary resettlement impact
such as loss of livelihood (temporary or permanent, full or partial) is anticipated under the
subproject. Tale 10 (below) provides photographs and other relevant details of roads where pipes
of major dia (300-450 mm) are proposed for laying.
22
27. During transect walk, it was also observed that at few locations where pipelaying is
proposed, the streets/roads are narrow (of varying width, refer Table 10). All such narrow streets
are in residential areas. The design team has confirmed that trenchless work will be taken up in
these areas to avoid/minimize inconvenience and access disruption to the households. The work
will be carried out with all safety measures to protect both the local community and labour.
Extensive consultations will be carried out with the residents and they will be informed prior to
start of civil works. Civil work during night-time may also be opted for, at busy sections with prior
stakeholder consultation and noise control measures. House connections will be provided in this
subproject which are not anticipated to cause any major access disturbance.
29. To further minimize construction impacts, work will be executed during the early morning
in order to avoid inconveniences to public and business activities. All safety norms will be strictly
followed and Project Implementation Unit (PIU) will also ensure that required compliances are
observed by the contractor. Construction schedule will consider business hour, festival time, and
special business days, based on discussion with market committee members and local residents.
After completion of pipe laying, the lane/road will be restored to its original condition (including
bitumen, cement concrete (CC) and CC interlocking tiles as applicable).
30. No impacts to indigenous people/ communities due to the subproject involving direct or
indirect impacts to the dignity, human rights, livelihood systems or territories or natural or cultural
resources that are used, owned, occupied or claimed by indigenous peoples as their ancestral
domain or asset, are anticipated. Fatehpur does not fall in a scheduled area, and has a small
proportion (0.37%) of population classified as scheduled tribe, which is scattered (does not stay
in tribal groups / community enclaves), is well assimilated in urban society, and does not retain
the characteristics of scheduled tribes4 or indigenous peoples groups.5 There is no recorded
presence of indigenous peoples’ groups or communities, including particularly vulnerable tribal
groups in Fatehpur.
4 As per the Constitution of India, criteria followed for identification of a community as a scheduled tribe are (i) tribes’
primitive traits; (ii) distinctive culture; (iii) shyness with the public at large; (iv) geographical isolation; and (v) social
and economic backwardness.
5 ADB SPS, 2009 uses the term indigenous peoples in a generic sense to refer to a distinct, vulnerable, social and
cultural group possessing the following characteristics: (i) self-identification as members of a distinct indigenous
cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats
or ancestral territories in the project area and to the natural resources in these habitats or territories; (iii) customary
cultural, economic, social or political institutions that are separate from those of the dominant society and culture;
and (iv) a distinct language, often different from the official language of the country or region.
26
31. The DDR will be made available in the offices of the Nagar Palika, PHED, Project
Implementation Unit, Project Management Unit and ADB website for easy access to all
stakeholders including the local community of the town.
33. Common GRM. A common GRM will be in place for social, environmental, or any other
grievances related to the project. Implementation of the resettlement plans/RIPPs/DDRs/IEEs will
follow the GRM described below. The GRM will provide an accessible and trusted platform for
receiving and facilitating resolution of affected persons’ grievances related to the project.
34. Public awareness campaigns within entire ULB/Municipal area will ensure that awareness
on grievance redress procedures is generated. The nodal officer- safeguards and gender
supported by ASO at zonal level, will oversee the conduct of ULB/project coverage area-based
awareness campaigns by the town-level safeguards and safety officers, through the CAPPC. The
awareness campaigns will ensure that poor and vulnerable households are made aware of
grievance redress procedures and entitlements. Contractors will provide pamphlets to
communities prior to start of works and billboards during construction. The pamphlets and
6 The procedures followed for grievance redress during implementation of RUSDP Phase III included the project GRM
and the pilot GRM software application (Smart Check) in Pali, the Sampark portal of Government of Rajasthan, and
the Chief Minister’s helpline. Complaints received through various channels were mostly minor and pertained to
damage to existing water supply pipelines and disruption of water supply during construction, delays in road
restoration, and pending new connections. Complaints related to damage to private property (compound walls/steps,
etc.) were less in number. The grievances were mostly possible to resolve in coordination with the contractors.
Complaints received were immediately referred by the CAPC/PMDSC supervision staff to the PIU Nodal officer
(safeguards) and concerned engineer at PIU, who advised them on further action. Follow up with the contractor on
complaint resolution was undertaken by PIU Nodal officer CAPC and PMDSC and final feedback sought from
complainant upon resolution. Complaints requiring inter-departmental coordination were referred to the PMU for
resolution, and feedback provided to complainant. The PMU kept regular track of grievances through WhatsApp and
email alerts, ensuring registration and follow-up until resolution.
7 Town-level grievance registration data indicates that a large number of grievances were registered, pointing to the
effectiveness of the multi-channel GRM. No major grievance was received for RUSDP Phase III. The GRM helped
smoothen the process of project implementation, hence the proposed architecture for the RSTDSP GRM remains
similar, with some refinement, taking into account the changes in institutional setup proposed for project
implementation.
8 Continued logistics support at field level will be key to successful management of grievance redress under RSTDSP.
The target date for establishment of the first level (PIU level) and second level (Zonal level) of GRM is before loan
negotiation.
27
billboards will include relevant environmental and social safeguards, GRM information, and
contact details of key personnel from PIU and contractors.
35. Affected persons will have the flexibility of conveying grievances/suggestions by dropping
grievance redress/suggestion forms in complaint/suggestion boxes that will be installed by project
PIUs or by e-mail, by post, or by writing in a complaints register in ULB offices/complaints register
at contractor’s work site9 or by sending a WhatsApp message to the PIU10 or by dialling the phone
number of town level PIU/CAPPC or by dialling a toll-free number.11 Any aggrieved person can
also avail the facilities of online grievance monitoring system ‘Rajasthan Sampark’ portal to
register their grievances which is a parallel mechanism of grievance registration, in addition to the
project GRM.12 Careful documentation of the name of the complainant, date of receipt of the
complaint, address/contact details of the person, location of the problem area, and how the
problem was resolved will be undertaken and feedback provided to the complainant on
action/decision taken. The SSO of town/city level PIU will have the overall responsibility for timely
grievance redressal on environmental and social safeguards issues and for registration of
grievances, related disclosure, with the assistance of project consultants. In case of grievances
that are immediate and urgent in the perception of the complainant, the contractor, and officials
of PIU with assistance from CMSC and CAPPC on-site will provide the most easily accessible or
first level of contact for quick resolution of grievances. Contact numbers and names of the
concerned PIU safeguard and safety officer, contractors, CAPPC and CMSC personal will be
posted at all construction sites at visible locations.
(i) 1st level grievance. The contractors, PIU executive engineer /assistant engineer
designated as SSO (social and environment), CMSC (safeguard staff) and CAPPC
can immediately resolve issues on-site, in consultation with each other and will be
required to do so within 7 days of receipt of a complaint/grievance. If required, city
level monitoring committee (CLMC)13 will be involved in resolution of grievances at
the 1st level;
(ii) 2nd level grievance. All grievances that cannot be redressed within 7 days at
field/PIU level will be brought to the notice of Zonal PIU headed by Additional Chief
Engineer (ACE).The ACE at zonal PIU will resolve the grievance within 7 days of
receipt of compliant/grievance in discussion with the assistant safeguard officer
(ASO), field level PIU, CMSC, CAPPC and the contractor;
(iii) 3rd level grievance. All the grievances that are not addressed by Zonal PIU within
7 days of receipt will be brought to the notice of the PMU. Depending on the nature
of grievance, the Project Officer (Social/Environment) at PMU will resolve the
grievance within 15 days of receipt of grievance with necessary coordination of
9 RUSDP piloted an online application based live GRM counter for resolution of public grievances over and above the
usual process of grievance registration and redressal. This app based GRM - “RUIDP Smart Check” is available at
Google play store (free of cost) and is operational. The RUIDP Smart Check “app” was launched in Pali town in July
2017 and is proposed to be scaled up in RSTDSP project towns. For persons without access to the application, the
traditional channels will continue to be available.
10 It is suggested for each PIU to have a dedicated WhatsApp group for registration of grievances and receipt of quick
feedback, to be followed by more formal communication.
11 Project contractors in all project towns will have a toll-free number with specific working hours for registration of
grievances related to RSTDSP.
12 HTTP://WWW.SAMPARK.RAJASTHAN.GOV.IN/RAJSAMWELCOME.ASPX
13 The CLMC has been formed at the town/city level for planning and monitoring of work, resolve issues related to
departmental coordination etc. It is headed by Commissioner/Executive Officer ULB (Chairman) and city engineer of
public health engineering department (PHED), public works department (PWD) and head of PIU acting as Member
Secretary.
28
Zonal PIU and CMSC and guidance/instruction of additional project director (APD-
PMU); and
(iv) Grievances not redressed through this process within/at the project level within
stipulated time period will be referred to the CLC/grievance redress committee
(GRC), which has been set up.14 In its role as a GRC, the CLC will meet whenever
there is an urgent, pending grievance. Other grievances can be discussed during
its regular meetings. Zonal PIU will inform the CLC regarding any grievances
required to be resolved urgently. The GRC will resolve the grievance within 15
days of receiving the complaint. In case of any indigenous peoples impacts in
subprojects, the CLC/GRC must have representation of the affected indigenous
people community, the chief of the tribe or a member of the tribal council as
traditional arbitrator (to ensure that traditional grievance redress systems are
integrated) and an NGO working with indigenous people groups.
36. The multi-tier GRM for the project is outlined below (Figure 9), each tier having time-bound
schedules and with responsible persons identified to address grievances and seek appropriate
persons' advice at each stage, as required. The GRC will continue to function throughout the
project duration.
14 City Level Committee (CLC)/grievance redress committees (GRCs) has been constituted for each town/city under
the Chairmanship of District Collector to provide overall subproject guidance and “to sort out issues and remove
hindrances, if any”. CLC formed at city-level/district level with members composed of: District Collector as
Chairperson, and following as members: ULB Commissioner/Mayor/Chairman; Deputy Mayor/Vice Chairman ULB;
Chairman / Secretary Urban Improvement Trust (UIT); Head of Zonal/field level PIU as Member Secretary; one
representative each from relevant government departments as appropriate (PWD/PHED/Town Planning Department
etc.). All CLCs in their role as GRCs will have at least one-woman member/chairperson. In addition, for project-
related grievances, representatives of affected persons, community-based organizations (CBOs), and eminent
citizens will be invited as observers in GRC meetings. The concerned Member of Parliament (MP) and Member of
Legislative Assembly are also part of the CLC.
29
Not
addressed
Court of Law
Note: APD = additional project director, ASO = assistant safeguards officer, CAPPC = community awareness and public
participation consultant, CMSC = construction management and supervision consultants, CLC = city level committee,
CLMC = city level monitoring committee, GRC = grievance redress committee, PIU = project implementation unit, PMU
= program management unit, PMCBC = project management and capacity building consultant.
37. The project GRM notwithstanding, would ensure that an aggrieved person shall have
access to the country's legal system at any stage and accessing the country's legal system can
run parallel to accessing the GRM and is not dependent on the negative outcome of the GRM. In
case of grievance related to land acquisition, resettlement and rehabilitation, the affected persons
will have to approach a legal body/court specially proposed under the RFCTLARRA, 2013. 15
38. People who are, or may in the future be, adversely affected by the project may submit
complaints to ADB’s Accountability Mechanism. The Accountability Mechanism provides an
independent forum and process whereby people adversely affected by ADB-assisted projects can
voice, and seek a resolution of their problems, as well as report alleged violations of ADB’s
operational policies and procedures. Before submitting a complaint to the Accountability
Mechanism, affected people should make an effort in good faith to solve their problems by working
with the concerned ADB operations department. Only after doing that, and if they are still
dissatisfied, should they approach the Accountability Mechanism.16
15 The Authority admits grievance only with reference to the Land Acquisition and R&R issues under the RFCTLARRA,
2013.
16 Accountability Mechanism. http://www.adb.org/Accountability-Mechanism/default.asp.
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39. Record-keeping. The PIU of each town/city will keep records of grievances received,
including contact details of complainant, date the complaint was received, nature of grievance,
agreed corrective actions and the date these were affected and final outcome. The number of
grievances recorded and resolved, and the outcomes will be displayed/disclosed in the PMU
office, PIU offices, and on the web, as well as reported in monitoring reports submitted to ADB on
a semi-annual basis. The sample grievance registration format is attached as Appendix 8.
40. Periodic review and documentation of lessons learned. The PMU project officers
(Social and Environment) will periodically review the functioning of the GRM in each town and
record information on the effectiveness of the mechanism, especially on the project’s ability to
prevent and address grievances.
41. Costs. Contractors are required to allocate budget for pamphlets and billboards as part of
the EMP. Costs involved in resolving the complaints (meetings, consultations, communication
and reporting/information dissemination) will be borne by the concerned PIU at town level while
costs related to escalated grievances will be met by the PMU.
VIII. CONCLUSION
42. Findings from field visit, public consultation and stakeholder consultations and initial
screening for resettlement impacts and for impact indigenous people, suggest that subproject is
not anticipated to cause any involuntary resettlement impact. However, the impacts of subproject
will be re-assessed (prior to start of civil work) upon finalization of detailed design (in view of final
alignment and scope of work). In case any involuntary resettlement impact is identified at any
stage of the subproject implementation, this safeguard document will be revised (with appropriate
revision of project category) in accordance with ADB’s Safeguards Policy statement 2009.
43. During civil work, a participatory approach will be pursued, and information dissemination
requirements of the project will be adhered to. A Grievance Redress Mechanism will also be
established in the project. The Executing Agency will ensure compliance to all applicable laws
and the ADB SPS, 2009.
44. Transect walks and detailed measurement surveys will be conducted after finalization of
detailed design. In case any involuntary resettlement impacts identified during detailed design,
this due diligence report will be updated accordingly (including revision of project impact category)
and submitted to ADB for approval before start of civil works.
45. Road-wise information on diameter of sewer pipe to be laid, excavation depth and width,
name and width of the road will be collected prior to start of civil work. This information will be
included in the updated safeguard document.
46. Formal and informal consultations will be carried out including, but not limited to: focus
group discussions (FGDs), public meetings, community discussions, and in-depth and key
informant interviews. Intensive information dissemination campaign will be conducted. The
updated DDR will include details of such consultations.
47. Land for proposed SPS near Fatima Masjid is a private land which is proposed to be
obtained through negotiated settlement. Negotiation process will be completed prior to start of
civil work. ULB will ensure third party documentation of the negotiatiation and settlement process
31
in line with the resettlement framework for RSTDSP. This documentation along with copies of
sale deed, land registry paper and updated land records will be appended to the updated
safeguard document.
48. All required NOC (including transfer of land proposed for two SPS at Dholi Sati temple
and near railway underpass, Nawalgarh road) will be obtained/completed prior to start of civil
works. PIU/PMU will further confirm that none of the proposed land parcels are pastureland which
otherwise will require change of land use change and transfer (i.e. use of land being vested with
ULB), consultation with local community, and NOC from gram panchayat, and compliance with
governing state laws on diversion of pastureland for other purposes. These requirements will be
met prior to award of contract. Evidences including updated land records, permissions, NOC and
documentation of public consultation will be appended to the updated safeguard document.
.
32 Appendix 1
People should be
provided more
information about the
project. Participants were
informed that this will be
ensured through CAPPC
and outreach team of
34 Appendix 2(a)
Participants expressed
their satisfaction and felt
assured that proposed
project sewerage
network and SPS will
mitigate the problem of
foul smell and vector
borne diseases in the
area.
06.02. Abdul SPS near Project information including People were found to be
2019 Wahid,Salim,Md.Imran.Imra Fatima Masjid Project Coverage area, generally aware about
n Khan project components, project the subproject proposed
impacts and benefits for this town.
Transcript
Location: Ward No-38, Loharo Ka Mohalla
Date-11.08.2018
Issue Discussed- About proposed works and present situation of wastewater management in towns
Transcript
Location: Oswalao Ka Mohalla, Ward no-15
Date-11.08.2018
Issue Discussed- About proposed works and wastewater management in town
Appendix 2(a) 39
Transcript
Location: Ward No-,Imambagh
Date-11.08.2018
Issue Discussed- About proposed works and present situation of wastewater management facility
Transcript
Location: Ward No- Sabji FarosoKa Mohalla
Date-11.08.2018
Issue Discussed- Proposed works and present situation of Sewerage in town
Transcript
City level committee meeting held on dated 23.05.2018 under the chairmanship of district
collector, Sikar, for approval of detailed project report of proposed sewerage and water supply
works of Fatehpur and Laxmangarh towns. RUIDP representative informed the committee
members that tentative cost of the sewerage project for Fatehpur is 174.62 crore. They were also
briefed about proposed components to be taken up as per the DPR. The committee suggested
that drainage works should also be included in the DPR. It was further suggested that coordination
should be maintained between contractor, Implementation unit and the municipality during
execution of works. It was also suggested that all works in a specific road should be opened
simultaneously to ensure maintenance of road level.
S.S Meena
S.E, PIURUIDP, Jhunjhunu
44 Appendix 2(b)
Appendix 3(a): Letter of land allotment for sewage treatment plant by Deputy Secretary,
Local Self Government Department, Jaipur
Transcript
Deputy Secretary
LSGD
Appendix 3(b) 47
Appendix 3(b): Land record of proposed sewage treatment plant, near Naribari village
Transcript
Note: Revenue department, Government of Rajasthan, has already allotted the proposed site to ULB for waste
management works in 2006 (refer appendix 3(a), which has an existing STP). Proposed STP will be constructed within
the same STP campus.
48 Appendix 3(c)
Appendix 3(c): Google map depicting location of proposed sewage treatment plant, near
Naribari village road
Latitude: 74⁰54’49.8” E Longitude-28⁰00’02.3” N
Appendix 4(a) 49
Appendix 4(a): Land record of proposed sewage pumping station, behind Dholi Sati
Temple
50 Appendix 4(a)
Transcript
Annexure 4 (b): Google map and location of proposed sewage pumping station, near
Dholi Sati Temple
52 Appendix 5(a)
Appendix 5 (a): Land record of proposed sewage pumping station, near railway
underpass
Transcript
Appendix 5(b): Google map and location of proposed sewage pumping station, near
railway underpass
Longitude: 27⁰59’29.7” N, Latitude: 74⁰58’18.5” E
Appendix 6(a) 55
Appendix 6 (a): Letter of Municipality to Director, LSGD to approve purchase of land for
Sewage Pumping Station near Fatima Masque
56 Appendix 6(a)
Transcript
Sub- Approval to purchase land in ward no-3 for SPS under RUIDP-Phase-4
Sir,
With reference to above cited subject, this is to inform you there is land requirement for
construction of SPS in a central location between ward-3 and 4, to be taken up under RUIDP-IV.
Consultation with Tehsildar suggests (copy of communication attached) suggests there are no
government owned land available in these wards. Further, municipality also does not own any
spare land to be made available for this project. Subsequently, municplaity has discussed with a
local land owner (Mr.Khissar) who is willing to sell his land plot (khasra no. 981) measuring 305.29
sqaure meter land to municality for a value of INR 190,000. As per, District Level Committee
(DLC) rate, the value of this land has been calculated to be INR 741,150. Board meeting of the
ULB has already sanctioned a budget of INR 2,500,000 for purchase of land for the said works.
We request for your approval to the proposal for mentioned land purchase and communicate
accordingly to RUIDP.
Executive Officer,
Muncipal office, Fatehpur
Appendix 6(b) 57
Appendix 6(c): Google Map and Location of Proposed Sewage Pumping Station at Fatima
Masjid
60 Appendix 7
Appendix 7: Terms of Reference for Third Party Certification for Negotiated Settlement
1. For any negotiated settlement of land, an external independent entity will supervise and
document the consultation process and validate the negotiated purchase process as per legal
requirement.
2. An independent third party is sought to be appointed to oversee and certify the process of
negotiated purchase. The third party shall be briefed about his/her expected role and deliverables
by the PMU/PIU/PMCBC (safeguard officer/assistant safeguard officer/SSS).
3. Eligibility. The third party shall be a representative of the community (for example, a
leader of the community with formal/legal standing, a representative of a local NGO/CBO with
formal and legal standing) or an institution, without any direct interest in the negotiation process
or subproject activity, who is acceptable to each of the concerned parties (PMU/PIU and
concerned land owner).
4. Scope of Work. The role of the third party shall be to ensure a fair and transparent
process of negotiation. The envisaged scope: of work shall entail the following:
(i) witness and keep a record of meetings held with the concerned parties;
(ii) ensure there is no coercion involved in the process of negotiated purchase;
(iii) ensure that the preferences and concerns of the land owner related to access,
selection of site within lands held, etc. are recorded and any stipulated conditions
met;
(iv) ensure that the negotiated purchase agreement is drafted in a fair and transparent
manner;
(v) confirm that the offered/agreed price is fair and meet the market price of the land
with similar value and condition in the area;
(vi) ensure the negotiated purchase does not result any negative impacts to the third
party associated with the purchase activity;
(vii) identify and recommend mitigation measures to land owner /affected third party, if
required;
(viii) ensure that taxes, stamp duties and registration fees for purchased land are borne
by government; and
(ix) submit a report and signed certificate as witness to the purchase and transfer process.
5. Deliverables: The details of the meetings, socio economic background of the land/ assets
owner(s) and a certificate/reports as witness to the purchase process and mitigation measures to
owner, if any, shall be submitted by the third party to PMU/PIU and owner in the local language
and share with ADB for review.
Appendix 7 61
Date
____________________________________________________________________________
_________2.
SPS site Fatima Mosque (to be obtained through negotiated settlement; currently underway)