Involuntary Resettlement Due Diligence Report

This report has been submitted to ADB by the Government of Uttarakhand, Dehradun and is made publicly available in accordance with ADB’s public communications policy (2011). It does not necessarily reflect the views of ADB.

Project Number: 40648-033 June 2014

IND: Infrastructure Development Investment Program for Tourism – Tranche 2

Submitted by

Department of Tourism, Government of Uttarakhand

INVOLUNTARY RESETTLEMENT DUE DILIGENCE REPORT

Document Stage: Due Diligence Report ADB Loan No 2833-IND, Tranche 2, (Project 2) Sub Project Package: UK/IDIPT/KOT/03 June 2014

Package No- UKIDIPT/KOT/03

India: Infrastructure Development Investment Programme for Tourism,

Uttarakhand

Subproject – Development of Adventure Tourism Centre at Tehri

Prepared by the Government of Uttarakhand for the Asian Development Bank.

The resettlement plan is a document of the borrower. The views expressed herein

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

staff, and may be preliminary in nature.

ABBREVIATIONS

ADB — Asian Development Bank

BPL — Below Poverty Line

CBO — Community Based Organization

CLC — City Level Committees

DSC — Design and Supervision Consultants

GMVN — Garhwal Mandal Vikas Nigam

GoI — Government of India

GoUK — Government of Uttarakhand

GRC — Grievance Redress Committee

IDIPT — Infrastructure Development Investment Programme for

Tourism LAA — Land Acquisition Act

LSGD — Local Self Government Department

MFF — Multitranche Financing Facility

NGO — Non-Governmental Organization

NRRP — National Resettlement and Rehabilitation Policy

O&M — Operations and Maintenance

OMC — Operations and Maintenance Contractors

PAF — Project affected family

PAH — Project affected household

PIU — Program Implementation Unit

PMC — Program Management Consultants

PMU — Project Management Unit

RP — Resettlement Plan

SDS — Social Development Specialist

SPS — Safeguard Policy Statement

SO — Safeguard Officer

ULB — Urban local body

UTDB — Uttarakhand Tourism Development Board

Table of Contents

INTRODUCTION: ........................................................................................................................................ 1

SCOPE OF LAND ACQUISITION AND RESETTLEMENT ................................................................................. 8

INDIGENOUS PEOPLE ................................................................................................................................. 9

GENDER ISSUES ......................................................................................................................................... 9

PUBLIC CONSULTATION ............................................................................................................................. 9

FINDINGS ................................................................................................................................................. 11

OTHER SOCIAL MEASURES AND RECOMMENDATIONS ............................................................................ 11

CONCLUSION ........................................................................................................................................... 12

ANNEXURE 1: SUMMARY POLICY FRAMEWORK ...................................................................................... 13

ANNEXURE 2: ACTIVITIES FOR COMMUNITY AWARENESS AND PARTICIPATION PROGRAMME (CAPP) .... 15

ANNEXURE- 3 :NO OBJECTION LETTER FROM REHABILITATION DIRECTORATE, TEHRI DAM PROJECT ..... 17

ANNEXURE- 4: SITE VISIT AND COMMUNITY CONSULTATION PHOTOGRAPHS ........................................ 21

ANNEXURE に 5 : CONSULTATION PHOTOGRAPHS WITH TOURISM OFFICIALS ......................................... 22

ANNEXURE 6: SCREENING QUESTIONS FOR RESETTLEMENT CATEGORIZATION ...................................... 23

ANNEXURE 7: PROPOSED CONSULTATION AND DISCLOSURE ACTIVITIES ................................................ 25

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INTRODUCTION:

Background:

1. The Infrastructure Development Investment Program for Tourism Financing Facility (the Facility) will develop and improve basic urban infrastructure and services in the four participating states of Himachal Pradesh, Punjab, Uttarakhand and Tamil Nadu—to support the tourism sector as a key driver for economic growth. It will focus on: (i) strengthening connectivity to and among key tourist destinations; (ii) improving basic urban infrastructure and services, such as water supply, road and public transport, solid waste management and environmental improvement, at existing and emerging tourist destinations to ensure urban amenities and safety for the visitors, and protect nature and culture-based attractions. Physical infrastructure investments will be accompanied by: (iii) capacity building programs for concerned sector agencies and local communities for better management of the tourist destinations and for more active participation in the tourism-related economic activities, respectively.

2. Location: Tehri is situated at a distance of about 93 km from Jolly Grant airport at Dehradun. The nearest rail head is at Rishikesh and it is 73 km away. It is well connected by roads with all the important places in Uttarakhand like Chamba (12 km), Mussoorie (65km), Haridwar (97km) and Dehradun (114km). New Tehri came up as the most comprehensive resettlement exercise in Asia after the construction of Tehri Dam, which is one of the highest Dams in the world. Located on the banks of the reservoir created by the dam, New Tehri has many splendid attractions. It is a planned new town situated at a height of about 1550 m above sea level. With a green and clean environment, pleasant climate and breath taking view of snow covered peaks; Tehri has become an upcoming hill station for the relaxation of body and soul. For those who are interested in adventure activities, a number of choices like nature walk, trekking, rope ways, boating, canoeing, kayaking, etc can be provided. It also has good infrastructure like roads, uninterrupted power and water supply.

Fig 1: Location of the Sub Project

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3. The district of Tehri Garhwal is one of the largest districts and the western most districts of state Uttarakhand and which lies from the snow covering Himalayan peaks of Thalaiya Sagar. Jonli and the Gangotri group all the way to the foothills near Rishikesh. Bhagirathi which runs through appears to divide the Tehri district into two, while the Bhilangna, Alaknanda, Ganga and Yamuna rivers border it on the east and west. The Tehri Lake is Asia’s largest manmade lake it is 260 meters deep. It is a manmade reservoir built at the back of the tallest dam in India at a height of 261 meter and the Fourth tallest dam in the world." The dam creates a reservoir of 2.6 cubic kilometers with a surface area of 52 square kilometers. The Lake has tremendous potential to become a National hub for eco-tourism and adventure tourism including water sports activities mountaineering, Para-gliding, etc. Tehri Garhwal is a quite but beautiful little hill station in Uttarakhand. National Highway 94 runs parallel to the North Western part of the lake. The present Domestic Tourism in Uttarakhand registered an impressive growth during 2010.

Present Status of site:

4. In the Ganga valley between Rishikesh and Rudraprayag “Adventure Water Sports” activity like white Water Rafting and Kayaking along with camping on river beaches was introduced in the mid 80’s. It is heartening to learn that this initiative has become an extremely popular adventure and eco-tourism activity in India today. It also attracts foreign tourist from Europe and America. In fact adventure water sports have become popular now days with the youth of India, but there are not enough facilities besides rafting, available nearly, whereas the scope are immense. Particularly the creation of the Tehri Lake has provided new possibilities and a new dimension of Lake based “flat water sports” in the field of adventure and eco-tourism in Uttarakhand. In foreign countries, particularly in Europe and American the tourists and visitors cannot undertake water sports activities due to snowfall. The establishment of an Adventure Tourist Centre shall provide the tourist with the basic information and facilities of water sports activity at the proposed site.

5. A detailed assessment of the situation reveals that Adventure tourism has become a topic of great interest to the tourists due to the rich natural environment in the state. Activities like trekking, mountaineering, skiing, yachting, kayaking, angling, etc. have become the main attractions of adventurism tourists. The establishment of Adventure Tourist Centre shall contribute the tourism industry to sustainable and inclusive economic growth of the state. Increased visits of domestic and international tourists to tourist destinations in the state shall in turn fetch revenue. The facilities at tourist destinations shall also aim at providing:

(i) Opportunity of adventure events to National / International tourists

(ii) Enhanced quality of natural and cultural tourist attractions

(iii) Livelihood opportunities at local community level;

(iv) Strengthened capacity of concerned sector agencies and local communities for

planning, development management and marketing of tourist destinations and

attractions; and

(v) Enhanced capacity to promote private sector participation and small businesses. The

main needs for implementation of the project are:

a) With increased interest in adventure tourism by the tourists to the state, it is the need

of the day to create such centres with adequate facilities to the tourists;

b) Need to provide sufficient information and equipment for the events;

c) Necessity to provide infrastructure facilities like proper water supply, electricity etc.

d) sanitation;

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e) Provision of Office cum Residential facilities for participants, coaches, Managers etc.

f) The store / shed for equipment.

Fig 2: Location of Project Site

Fig 3: Proposed subproject layout

Chamba

Road

UTDB Adventure

Tourist Centre

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Proposed Component of the Project

6. Table 1 provides a summary of need for the subproject and components proposed under this subproject. The sub project lay out indicating the areas and facilities planned has been presented in fig 4 below.

Table 1: Description of the Subproject Components

Need of the Project Proposed Component

A detailed assessment of existing situation reveals that the birth of Tehri Lake has provided immense potential and opportunities for Adventure sports tourism and can add a new dimension of “flat water sports” activities like nowhere else in the country, besides the popular activities like rafting, trekking, Leisure tours, pilgrimage tours and camping which are already operational in nearby areas. The establishment of Adventure Tourist Center at Tehri shall contribute the tourism industry to sustainable and inclusive economic growth of the state. Increased visits of domestic and international tourists to tourist destinations in the state shall fetch more revenue and contribute in increased GDP of state.

FACILITIES(Preliminary Infrastructure): Reception & visitor facilitation/information center. (2.166 acre area) Store for boats and equipment (Boat House). Public convenience (toilets, wash rooms, changing rooms & Locker facility) Open air parking & Staff quarters. Approach road to lake with easy gradient. Jetty on floating barge. First Aid facility.

Adventure and Recreational Activities 1. House Boats/ Cruise boat 2. Canoeing 3. Kayaking 4. Zorbing 5. Jet Ski 6. Jet Boating 7. Angling

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Fig 4: Existing Site and Proposed Plan

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Scope of this Due-Diligence Report

7. This report has been prepared for the Adventure Tourist Centre at Tehri, Uttarakhand under Tranche 1, Project 2. The DDR has been prepared based on the detailed engineering design and as per the Detailed Project Report (DPR).There is no involuntary resettlement involved in this sub-project; hence preparation of RP is not required. This subproject has been categorized as “C” for Involuntary Resettlement. The brief policy framework ADB and GOI has been presented in Annexure-1. This brief due-diligence report has been prepared as per the requirement of ADB for project processing and clearance. This report summarizes the project impact and outcome etc also.

Project Impact and Outcome

8. The Objective of the IDIPT is to have enhanced and sustainable economic growth of Uttarakhand with emphasis on promoting commerce and improvement of livelihood of the poor by exploring potential of Tourism sector. The Investment Program envisages improvement of Tourist infrastructure, urban environment and better living conditions in the state, as well as for the increasing number of tourists visiting the State. Positive impact is anticipated in terms of employment opportunity as many skilled, semi-skilled and un-skilled personnel will get direct and indirect employment during construction phase. During operations of the improved infrastructures and services, added residential developments, commercial and business facilities and increased densities are expected to develop and enhance the subproject area. This can be considered a long-term cumulative benefit of the sub project. The subproject is unlikely to cause significant adverse impacts.

Main outcome of the Investment Program are expected to be:

I. Improved basic urban infrastructure (such as construction/refurbishment of tourist accommodation, water supply, sanitation, road and public transport, solid waste management, and environmental improvement) and incidental services (such as, parking, landscaping, public toilets, street signage and lighting) at existing and emerging tourist destinations and gateways

II. Improved connectivity to tourist attractions focusing on the improvement of last-mile connectivity, improved connectivity to tourist attractions focusing on the improvement of last-mile connectivity;

III. Enhanced quality of natural and cultural tourist attractions to ensure convenience and safety for visitors;

IV. Greater participation by local communities in tourism-related economic and livelihood activities;

V. Strengthened capacity of concerned sector agencies and local communities for planning, development, management, and marketing of tourist destinations and attractions; and

VI. Promoting private sector participation and small businesses

The benefits from implementation of the project will be:

i) To bring Tehri lake on the Tourist map of Uttarakhand and India.

ii) To develop greater awareness and understanding of the significant contributions that adventure tourism can provide to the environment and the economy.

iii) To promote equity in development.

iv) To improve the quality of life of the host community.

v) To provide a high quality of different experience to the visitor.

vi) To maintain the quality of the environment on which the foregoing objectives depend.

vii) Build environmental and cultural awareness and respect.

viii) To provide positive experiences for both visitors and hosts.

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ix) Provide financial benefits and empowerment for local people.

9. The Tourism department will suitably advertise and the DSC will educate the nearby communities about the proposed project and its potential benefits. Employment and business opportunities created as a result of the added tourist inflow in the adventure tourist center will contribute towards socio-economic rehabilitation of the local communities. Given the multitude of tourist locations in the district, promoting eco-tourism can emerge as a remunerative sector, offering gainful employment to the community as well as serve to check the environmental degradation of the region by raising awareness about the significance of conservation. Setting up of a ‘state of the art’ adventure tourist and information center will attract tourists in greater numbers and necessitate improvement of basic infrastructure and services at the tourist destinations. This, in turn, will upgrade the facilities available in New Tehri, through better communication, electrification, water and sanitation facilities, health care etc. The catchment villages of the Adventure Center will also be linked to ongoing government development programs which will provide basic amenities like water, sanitation, health services to the communities and provide a platform for generating awareness about environmental conservation and disaster preparedness. The proposed site for this center is government owned and presently free of encumbrances, as its inhabitants were relocated to other sites during setting up of the Tehri dam. Hence, there is no resettlement issues related to the site. In fact, employment and business opportunities created as a result of the added tourist attractions, will contribute towards socio-economic rehabilitation of the displaced families who had lost their land and livelihood during construction of the Tehri dam. Operating within a public-private participatory framework, the proposed project provides mutually beneficial opportunities for community participation in government programs. Capacity building of local communities may be initiated at the Panchayat levels, soliciting involvement of locally elected bodies to support the venture and gradually shoulder O&M responsibilities and actively promote scaling up of the initiative in other areas of the district.

10. The proposed project will actively promote Community Based Tourism (CBT) and tourism supply chain initiatives. Its focus will include nine key areas: (i) development of community-based tour products and services; (ii) public awareness program on sustainable tourism; (iii) identification and development of tourism-related supply-chains; (iv) micro and small enterprise capacity development; (v) construction of small tourism-related infrastructure; (vi) promotion of gender and ethnic participation; (vii) marketing and promotion; (viii) promotion of community tourism networks and tourism stakeholder associations; (ix) preparation of joint manuals to guide the preparation and implementation of pro-poor tourism initiatives. (Details in Annexure 2)

11. In addition to the primary objective of promoting and providing facilities for adventure tourism, the proposed project has the scope for raising awareness about environmental conservation amongst tourists and local communities. Local knowledge about the topography and familiarity with the area may be further enhanced through training for skill up gradation of local communities enabling them to actively participate in the activities of the adventure tourist center. The project proposes to involve interested youth in its activities, which could include both boys and girls, who will be gainfully employed in various capacities in the resort. This would go a long way in protecting the richly endowed but fragile natural environment of the area and act as the harbinger for sustainable and balanced socio-economic development and environmental regeneration in the area.

12. The project plans to open the facilities to schools and other educational institutions, providing opportunities for children to enjoy the variety of facilities for eco tourism as well as gain insights about environmental protection. This would go a long way in protecting the richly endowed but fragile natural environment of the area and act as the harbinger for sustainable and balanced socio-economic development and environmental regeneration in the area. Operating within a public-private participatory framework, the proposed project will provide mutually beneficial opportunities for community participation in government programmes. Capacity building of local communities may

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be initiated at the Panchayat levels, soliciting involvement of locally elected bodies to support the venture and gradually shoulder O&M and management responsibilities and actively promote scaling up of the initiative in other locations of the State.

SCOPE OF LAND ACQUISITION AND RESETTLEMENT

13. The subproject will not result in any permanent land acquisition and resettlement impacts because it will be undertaken within the government owned land. The land belongs to irrigation department and users’ right is with Tehri Hydro Development Corporation now. The copy of letter (dated 8/9/2013) from Department of Irrigation(the owner of the land), GoUK mentioning no objection in handing over the land to Department of Tourism, GoUK and further actions for handing over the site(by THDC) is placed in Annexure 3. The following table provides a brief chronological summary of actions taken and results there on so far, has been analyzed in the following matrix as documents are in Hindi language. The subproject site is located on right side of Tehri Lake. There is no encroachment by any private parties on the land. There are no squatter or kiosks either residing or doing any commercial activities with in the site area. As the intervention will be on publicly owned land, no land acquisitions and resettlement requirements are envisaged. The actions and results in summary transcript from Hindi to English

Letter Number/ Date and Minutes of the Meeting

Letter from, to or Minutes

Transcript

18/9/2013 Directorate of Resettlement and Rehabilitation (Department of Irrigation),Tehri Dam Project to Additional District Magistrate, Tehri District

Irrigation Department do not have any objection as owner of the land to hand it over to Tourism Department. However, as the user’s right currently is in the hand of THDC, thus NOC needs to be procured in this regard.

5/6/2014 District Tourism Development officer(Tehri Garhwal) to Chief General Manager (T.C), THDC,Tehri Garhwal

The subject mentioned land belongs to Irrigation Department and the said department has expressed no objection for handing over the land to Tourism Department. In this connection refer to the Minutes of the meeting dated 20/5/2014 under the chairmanship of the District Magistrate,Tehri Garhwal. In conclusion of the meeting I am directed to send a copy of the drawing of the site plan for the proposed development/ project. Please provide NOC in favour of the Tourism Department to start the civil work at the proposed site.

Minutes of the meeting under the Chairmanship of DM, Tehri Garhwal dated 20/5/2014 regarding handing over of the land to Tourism Department

Minutes of the meeting

Minutes of the meeting under the Chairmanship of DM, Tehri Garhwal dated 20/5/2014 regarding handing over of the land to Tourism Department- The meeting concluded with the following direction by the Chairman of the meeting(Competent authority) to the officers of the respective department which are summarized below: 1. Direction to District Tourism Development Officer.- The provision should be made in the project to construct a protection wall as per the engineering and safety requirements as the current RL (reservoir level) of the

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reservoir is 830 to enhance it at 835. 2. THDC and DSC/Kotdwar- A detailed engineering survey should be undertaken enabling to demark the proposed facilities related to the project RL 830. (the survey was done on 21st May 2014 in the presence of PMU collectively by THDC, DSC and PIU representatives) 3. Tourism Department: THDC assured DM to provide NOC to UTDB and handover the site within one month, the project can initiate the process of tendering etc.

INDIGENOUS PEOPLE

14. There will be no impact on Indigenous peoples (IPs). All the proposed construction activities will be done within the vacant government land. This sub project is categorized as “C” for Indigenous Peoples. No Indigenous Peoples Development Plan (IPDP) will be needed for this sub-project.

GENDER ISSUES

15. The proposed project does not have any adverse impact on women and/or girls or to widen gender inequality. The project will however have some positive potential employment scope. To create awareness among the upcoming development activities and their livelihood opportunities that are likely to come up continuous consultation and focus group discussion with women community in surrounding villages and New Tehri Town will be conducted through out the project implementation period for participation in income generation and livelihood related activities.

PUBLIC CONSULTATION

16. Census Survey was not undertaken because of the reasons mentioned above, i.e. there is no physical or economic, temporary or permanent, IR impact. No person or community is being adversely affected by this sub-project. The entire population of New Tehri town and neighbouring villages and tourists who visit this spot will be benefited by this sub-project. No land or asset acquisition is necessitated in this sub-project. So people and communities will not be physically or economically displaced due to the sub-project interventions. No CPR will also be affected. Poor, indigenous and other ethnic groups are not being adversely impacted. Since there were no APs, Census and (Baseline) Socio-Economic Survey were not conducted. A summary of resettlement impact and the socio-economic table therefore is redundant. A few public consultations were conducted and the project team to understand the possible impacts of the project.

17. During consultation meetings, participants were of the view that this sub-project is important and very much needed and all are pleased by the upcoming project and they supported this project. There was no opposition for this sub-project as this proposed project will be on open vacant land.

18. During the consultations the participant demonstrated great interest in alternative occupations and employment prospects which will be generated by the project. This was especially evident amongst the local youth who were keen to work as tourist guides, tourist center employees, and shop keepers (selling traditional hand made products) etc.. The photographs of consultation are placed in Annexure 4. The consultations were also conducted with tourism department officials. They also opined the positive impact of the project (Annexure 5). The summary of consultations with communities and officials regarding the benefit of the project with an objective of disclosure information, facilities and future prospects are presented in the following table.

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DETAILS OF STAKEHOLDER CONSULTATIONS

SN Place Date Present -persons

Issues discussed

Outcome of discussions

1 Sub project site

8/11/13 With villagers and People of new Tehri Town

Sub project details, project benefit, project related capacity building programme, livelihood training programmes etc.

The people were happy to note that such adventure tourism facilities at world class level is proposed in that particular location. They expressed their concern as the proposed facilities will act as good livelihood opportunities. They opined that locals should be trained and prepared well in advance through effective Human Resource Development and Capacity Building programmes. Traditional practices of livelihood and form of settlements to be encouraged so as to retain the authentic characteristic of the place through assistances, incentives, tax exemption, sponsorships, awards and recognitions for best practices, etc.

2 At the office of the District Tourism Development Officer.

8/11/13 District Tourism Officer

Sub project details, project benefit, project related capacity building programme, livelihood training programmes etc.

Creation of tourism friendly atmosphere and preparedness along with tourist sensitisation can be done through mass tourism awareness programs and other responsible activities. Requirement of nominal investment as the baseline of this type of development is to optimally utilise and sustain on the available resources. Responsible tourism development with sustainable approach can be part of the solutions. The outcome was dissemination of tourism benefits to the locals, primarily, through active community participation and boost to local trade, local area development, multiplier effect on the local economy by ready marketing opportunities of local products as a result of direct customer interface, etc. It also contributed to overall economic development of areas, created opportunities to qualified youths and shaped reverse brain drain. A sense of pride arise in traditional and inherent practices of arts & crafts, fishing, boating, handloom & handicrafts, rituals, indigenous games & sports, fairs and festivals etc. and help uplift the practices.

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DETAILS OF STAKEHOLDER CONSULTATIONS

SN Place Date Present -persons

Issues discussed

Outcome of discussions

3 At Site 04/06/14

Community leaders and villagers

Sub project details, project benefit, project related capacity building programme, livelihood training programmes etc.

The lake being a tourism asset of Tehri Garhwal. it is understood that this tourism projects in and around New Tehri Town area will provide a multiplier impact in tourism activities. With the plethora of prospective ancillary activities related to project, tourism in the area might flourish sooner or later. Sub project details, project benefit, project related capacity building programme, livelihood training programmes etc. Trade specific HRD capacity building programmes for livelihood opportunities needs to be evolved for effective results.

FINDINGS

19. In this Sub-Project intervention, full or partial, permanent or temporary, physical and economic displacements are conspicuously absent. There are no Project Displaced Persons (DPs); no land or structure is impacted, no common property resources are affected. Even nobody’s livelihood either temporarily or permanently is likely to be affected.

20. The subproject will not result in permanent land acquisition and resettlement impacts because it will be undertaken within the 3280 sqmts of land available in Tehri lake area. As the intervention will be on publicly owned land, no land acquisitions and resettlement requirements are envisaged.

21. This subproject has been categorized as “C” for Involuntary Resettlement (IR) impact as per the ADB’s Safeguard Policy Statement, 2009 (SPS). (Annexure 6).

OTHER SOCIAL MEASURES AND RECOMMENDATIONS

22. Although there is no land acquisition and resettlement impact in this sub-project, even then the contractor shall ensure that the construction staff shall adhere to the following code of conduct while undertaking construction activities:

Regularly remove trash from the site on scheduled clean-up days;

Entire area will be declared as plastic free, smoking free and silence zone and sign boards for the purpose should be displayed at work site.

Prior to commencement of site activities and mobilization on ground, the Contractor will prepare and get approved by the Engineer, circulation plan during construction stage for safe passage of tourists/pilgrims, including development of alternative access routes, traffic regulations, signage, etc., during construction. The Contractor with support of the PIU will carry out dissemination of these information and circulation plan at key entry points to the respective destinations. Restrict way leave width and avoid unnecessary vegetation disturbance/ clearing. Replanting trees.

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CONCLUSION

23. It is concluded from this due diligence study that: the proposed infrastructure improvements will not change substantially the present land use; there will be no issues of land acquisition and resettlement related to these subprojects. All facilities will be built on vacant government land. Due to project intervention, there will be no loss of income of any person or any assets, either privately owned or publicly owned. In case any claims or complaints are submitted during the construction period, an effective and efficient Grievance Redress Mechanism, has been formed which will enhance provision of timely and sensible hearings and facilitate solutions. This information will be disseminated during public consultations with stakeholders including villagers in nearby villages and New Tehri Town. (Annexure 7)

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ANNEXURE 1: SUMMARY POLICY FRAMEWORK

A. POLICY AND LEGAL FRAMEWORK The policy framework and entitlements for the Program are based on national laws: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013and ADB’S Safeguard Policy Statement, 2009 (SPS). The salient features of Government and ADB polices are summarized below.

1. Government Policy

a. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(The Central Government has notified January 01, 2014 as the effective date of the act,)

The act provides for transparent process and fair compensation to land owners and those affected by land acquisition, for land acquired for public purpose. In determining market price, (Sec 26 read with 1st Schedule) the land owner in urban area will get twice, due to the 100% solatium and in rural area, the multiplying factor is 1 to 2 depending on distance from nearest urban centre, to be notified by appropriate government, and then 100% solatium. Traditionally R&R has been in the form of a one-time compensation, which was decided using the last registered sale or a similar sale in the vicinity of the land as a base. After the proposed project is set up, the land prices rise owing to the benefits of the development. This creates considerable dissatisfaction amongst the displaced people. To prevent such issues, the entire R&R package stipulates the provision of employment by the project owner in cases where jobs are generated by the project and basic infrastructure including drinking water, individual electric connections, health centre etc for the resettled. Over and above this, delivery of the compensation and the R&R are proposed to be preconditions to the transfer of the land title. The procedure for acquisition and R&R will include a Social Impact Assessment (SIA) which will cover the investigation of public purpose, minimum extent of land required thereof, estimation of displacement and social impact on affected families apart from the overall cost versus benefit analysis for the proposed project. The act restricts the use of emergency clause to defence, national security and natural calamities. Since there is no land acquisition in “legal terms” in this subproject, therefore this is not applicable. However, according to the new Act, certain provisions have been made for the DPs which have been included in the R&R budget. They are as follows:

Transportation cost for displaced families - Each affected family which is displaced shall get a one-time financial assistance of Rs. 50000/- as transportation cost for shifting of the family, building materials, belongings and cattle. In this case, commercial structure of one of the DPs will be demolished which will not result in displacement but will involve transportation of building materials salvaged.

Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to Rs. 3000/- per month for a period of one year from the date of award. This is applicable to those families whose livelihood is primarily dependent on land acquired. In this sub-project, the livelihood of DPs is not primarily dependent on land to be cleared. As such, assistance for temporary livelihood disruption is provided for six (6) months @ Rs. 3000/- per month.

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Each affected family having cattle or having a petty shop shall get one-time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of Rs. 25000/- for construction of cattle shed or petty shop as the case may be. In this sub-project, 3 petty shops will be impacted. A minimum of Rs. 25000/- each has been provided for these petty shops

2. ADB’S Safeguard Policy Statement, 2009 (SPS)

1. The three important elements of ADB’s involuntary resettlement policy are (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. 2. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following basic principles:

(i) Involuntary resettlement will be avoided whenever feasible. (ii) Where population displacement is unavoidable, it should be minimized. (iii) All lost assets acquired or affected will be compensated. Compensation is based on

the principle of replacement cost. (iv) Each involuntary resettlement is conceived and executed as part of a development

project or program. Affected persons need to be provided with sufficient resources to re-establish their livelihoods and homes with time-bound action in co-ordination with civil works.

(v) Affected persons are to be fully informed and closely consulted. (vi) Affected persons are to be assisted to integrate economically and socially into host

communities so that adverse impacts on the host communities are minimized and social harmony is promoted.

(vii) The absence of a formal title to land is not a bar to ADB policy entitlements. (viii) Affected persons are to be identified and recorded as early as possible to establish

their eligibility, through a census which serves as a cut-off date, and prevents subsequent influx of encroachers.

(ix) Particular attention will be paid to vulnerable groups including those without legal title to land or other assets; households headed by women; the elderly or disabled; and indigenous groups. Assistance must be provided to help them improve their socio-economic status.

(x) The full resettlement costs will be included in the presentation of project costs and benefits.

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ANNEXURE 2: ACTIVITIES FOR COMMUNITY AWARENESS AND PARTICIPATION PROGRAMME (CAPP)

i) Appreciating the fact that the long term success of the project dependence on the

willingness of local communities to sustain improved services and facilities provided by the

project. One of the basic objectives of this programme is to motivate to the local

communities for better management of the tourist destinations and for more active

participation in the tourism-related economic activities.

ii) Adventure Tourism centre at Tehri will necessitate improvement of basic infrastructure and

services at tourist destinations, which in turn will upgrade living environments of the habitations

through better communication, electrification, water and sanitation facilities, health care etc. In

addition to the primary objective of promoting and providing facilities for adventure tourism, the

proposed project has the scope for raising awareness about environmental conservation amongst

tourists and local communities. This would go a long way in protecting the richly endowed but

fragile natural environment of the area and act as the harbinger for sustainable and balanced

socio-economic development and environmental regeneration in the area.

iii) The sub project will actively promote Community Based Tourism (CBT) and tourism supply

chain initiatives through active participation of the local communities and administrative

infrastructure. Setting up of the state of the art eco- resort and information center will aim

a. To build collaboration of surrounding village communities and other stakeholders in

the management of the assets created, so as to generate their long term support for

the reserve.

b. To build a second string of protection of the surrounding village communities for

the centers.

c. To develop New Tehri as a model center for community participation and nature

education.

iv) In order to achieve above goals, several awareness campaigns, seminars, orientations,

trainings, will be organized at different levels involving communities, school children,

college students, line agencies, forest staff as well as policy makers. Special efforts will be

made to increase the participation of women from the community and promoting initiatives

that will provide a source of livelihood for them. IEC materials will be developed and

disseminated at various levels to build awareness about the project goals and attract

community representatives to participate in the activities and gradually take on the O & M

responsibilities. Thus the programs will help enhance the understanding of the project and its

responsibilities at all levels and through people’s participation ensure sustainability of the

assets/services provided.

v) The Community/Social Development Officer of the PIUs and DSC will make a plan after

consultation with PMU/PMC for enhance the Environmental and Social awareness

programme for the community for preserve the eco- resort and information centre. NGOs will

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be consulted and involved for implementation of the awareness programmes.

vi) Operating within a public-private participatory framework, the proposed project will provide

mutually beneficial opportunities for community participation in government programmes. Capacity

building of local communities will be initiated at the Panchayat levels, soliciting involvement of

locally elected bodies to support the venture and gradually shoulder O&M and management

responsibilities and actively promote scaling up of the initiative in other locations of the State.

In addition to the direct participation of local communities at the Center is also envisaged to

accommodate sales outlets for traditional products of the region. These could range from

handlooms and handicrafts, fruits, honey and agro products, medicinal herbs and herbal products,

etc. Preference will be given to women’s Self Help Groups to manage these establishments and will be linked to ongoing vocational training and livelihood programmes of the government for

support to run these income generation ventures. This will not only generate income for the women

but also serve as a promotional center for local products. Further, the catchment villages of the

resort will also be linked to ongoing government development programmes, which will provide

basic amenities like water, sanitation, health services to the communities and provide a platform

for generating awareness about environmental conservation and disaster preparedness.

vii) The project plans to open the facilities to schools and other educational institutions, providing

opportunities for children to enjoy the variety of facilities for eco tourism as well as gain insights

about environmental protection. This would go a long way in protecting the richly endowed but

fragile natural environment of the area and act as the harbinger for sustainable and balanced

socio-economic development and environmental regeneration in the area.

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ANNEXURE- 3 :NO OBJECTION LETTER FROM REHABILITATION DIRECTORATE, TEHRI DAM PROJECT

Transcript: NOC given by rehabilitation directorate, Tehri Dam Project (owner) to hand over the site to Tourism Department for the said work, stating, NOC is also required from Tehri Hydro Development Corporation (THDC), India Ltd. being the current controlling agency of the land.

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TRANSCRIPT: Letter Dated 5/6/2014 from District Tourism Development Officer (Tehri Garhwal) to Chief General Manager (T.C), THDC, Tehri Garhwal-The subject mentioned land belongs to Irrigation Department and the said department has expressed no objection for handing over the land to Tourism Department. In this connection refer to the Minutes of the Meeting dated 20/5/2014 under the Chairmanship of the District Magistrate, Tehri Garhwal. In conclusion of the meeting I am directed to send a copy of the drawing of the site plan for the proposed development/ project. Please provide NOC in favour of the Tourism department to start the civil work at the proposed site.

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TRANSCRIPT: Minutes of the meeting under the Chairmanship of DM, Tehri Garhwal dated 20/5/2014 regarding handing over of the land to Tourism Department- The meeting concluded with the following direction by the Chairman of the meeting(Competent authority) to the officers of the respective department which are summarized below: 1. Direction to District Tourism Development Officer.- The provision should be made in the project to construct a protection wall as per the engineering and safety requirements as the current RL of the reservoir is 830 to enhance it at 835. 2. THDC and DSC/Kotdwar- A detailed engineering survey should be undertaken enabling to demark the proposed facilities related to the project RL 830. (the survey was done on 21st May 2014 in the presence of PMU collectively by THDC, DSC and PIU representatives) 3. Tourism Department: THDC assured DM to provide NOC to UTDB and handover the site within one month, the project can initiate the process of tendering etc.

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ANNEXURE- 4: Site Visit and Community Consultation Photographs

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ANNEXURE – 5 : Consultation Photographs with Tourism Officials

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ANNEXURE 6: SCREENING QUESTIONS FOR RESETTLEMENT CATEGORIZATION

Probable Involuntary Resettlement Effects* Yes

No

Not Known

Possible

Remarks

Will the project include any physical construction work?

Does the project include upgrading or rehabilitation of existing physical facilities?

Are any project effects likely leads to loss of housing, other assets, resource use or incomes/livelihoods?

Is land acquisition likely to be necessary?

Is the site for land acquisition known?

Not required

Is the ownership status and current usage of the land known?

Will easements be utilized within an existing Right of Way?

Are there any non-titled people who live or earn their livelihood at the site or within the Right of Way?

Will there be loss of housing?

Will there be loss of agricultural plots?

Will there be losses of crops, trees, and fixed assets?

Will there be loss of businesses or enterprises?

Will there be loss of incomes and livelihoods?

Will people lose access to facilities, services, or natural resources?

Will any social or economic activities be affected by land use- related changes?

If involuntary resettlement impacts are expected: Not required

Are local laws and regulations compatible with ADB’s Involuntary Resettlement policy?

Not required

Will coordination between government agencies be required to deal with land acquisition?

Not required

Are there sufficient skilled staffs in the Executing Agency for resettlement planning and implementation?

Not required

Are training and capacity-building interventions required prior to resettlement planning and implementation?

Not required

Are training and capacity-building interventions required prior to resettlement planning and implementation?

Not required

*Whenever possible, consider also any future subprojects or investments.

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Any estimate of the likely number of households that will be affected by the Project?

[ ] No [ ] Yes If yes, approximately how many? [ ] NOT applicable

Are any of them poor, female-heads of households, or vulnerable to poverty risks?

[ ] No [ ] Yes If yes, approximately how many? [ ] NOT applicable

Are any APs from indigenous or ethnic minority groups? If yes, please explain?

[ ] No [ ] Yes If yes, approximately how many? [ ] NOT applicable

Project Categorization and Resettlement Planning Requirements

[ ] Category A, Significant IR impact, a full Resettlement Plan is required.

[ ] Category B, Non significant IR impact, a short Resettlement Plan is required.

[ ] Category C, No IR impact, no resettlement report is required

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ANNEXURE 7: PROPOSED CONSULTATION AND DISCLOSURE ACTIVITIES

A. Consultation

Continuous consultation and community participation during the project implementation will be key for

the success of the project. Enhanced participation and continuous consultations will be done through

out the project life cycle.

Consultation and Participation. To understand the socio economic conditions of communities

and residents around potential subproject sites, socio-economic surveys will be conducted along

identified tourist circuits. During subproject preparation, implementation, and monitoring of

subproject results and impacts, stakeholders will be informed, consulted, and encouraged to

participate actively in the development process.

Different techniques of consultation with stakeholders are proposed during project preparation: in-

depth interviews, public meetings, focus group discussions, meetings, etc. Consultations will be

held with special emphasis on vulnerable groups and will include consultations with stakeholders

such as:

(i) Heads and members of households likely to be affected, through in depth interviews

and survey questionnaires

(ii) Groups, elected representatives, at the urban local body (ULB)/ Panchayat levels

(iii) Major project stakeholders, such as women, tribal and ethnic communities, local voluntary

organizations and community based organizations, and NGOs through focus group

discussions, town hall meetings, etc., and

(iv) Government agencies and departments through structured interviews and meetings.

Each RP will be prepared and implemented in close consultation with stakeholders and in

accordance with methods described above. The SO will ensure that APs and other

stakeholders are informed and consulted about the subproject, its impact, their entitlements

and options, and encouraged to participate actively in the development process. This will be

done particularly in the case of vulnerable individuals and groups, who will be encouraged to

choose options that entail the lowest risk.

The PIU, with assistance of the Safeguard Specialist of the DSC and guidance from the

Community/Social Development Expert of the PMU and Safeguard Specialist of PMC will

ensure that any views of stake holders/ APs, related to the resettlement process are looked

into and addressed. Groups and individuals will be consulted and informed about the

outcome of the decision-making process, and they will be informed of how their views were

incorporated. Towards enhancing public awareness on the increased tourism potential of the

natural and cultural destinations being taken up under the Facility and the increased livelihood

opportunities to the local communities from the tourism related activities, apart from

improvement of infrastructure services in the destinations and the potential benefits in the

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quality of life—structured awareness campaigns will be undertaken.

B. Disclosure

Information will disseminate to stake holders. Finalized DDRs will be disclosed in ADB’s

website, Tourism Department web-site, PMU websites, and PIU or town websites; and

information dissemination and consultation will continue throughout program implementation.

The Community/Social Development Officer of PIU and Safeguard Specialist of DSC

will conduct consultations and disseminate information to all stakeholders. DDRs will be

translated into the local language and made available at offices of the: (i) Urban Local

Bodies (ULBs); (ii) relevant local government line agencies; and (iii) PMU and PIUs. DDRs

will also be kept in the public libraries, accessible to citizens as a means to disclose the

document and at the same time creating wider public awareness.

1. The RF and RPs if any will be disclosed in the following websites: Tourism

Department, PMU, PIU, and ADB. The PMU will issue notification of implementation start

dates for each sub- project. The notice will be issued by the PMU in local newspapers

one month ahead of implementation. This will create awareness of project implementation.

The PMU and PIUs will provide information on IR policies and features of the RP. Basic

information such as sub-project location, impact estimates, entitlements, and implementation

schedule will be presented in the form of a brochure that will be circulated among

stakeholders. Posters containing basic RP information will also be posted in different localities

to increase awareness. Copies of RP summaries will be kept in the PMU and PIU offices

and will be distributed to any AP consulting on resettlement issues.

2. An intensive information dissemination campaign for Stakeholders will be conducted

by the PIU with assistance from Safeguard Specialist of DSC at the outset of RP

implementation. All the comments made by the Stakeholders will be documented in the sub-

project records and summarized in sub-project monitoring reports. A summary of

consultation and disclosure activities to be followed for each sub-project are in Table A3.1.

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CONSULTATION AND DISCLOSURE ACTIVITIES

Program

Phase Activities Details Responsible Agency

Investment Program Bridging Phase

Mapping of the Program areas

Area to be mapped, clearly showing survey numbers of titleholders of land/property proposed for acquisition

PMU in coordination with DC’s offices and other local bodies.

Stakeholder identification

In the event of land acquisition / resettlement required, subproject area to be mapped, clearly showing survey numbers of titleholders of land/ property proposed for acquisition

DSC consultants along with SO in coordination with PIU and support from DC’s office.

Program/sub-project information dissemination; Disclosure of proposed land acquisition

Leaflets containing information on subproject to be prepared by the DSC.

SO will approach DC with required details and will be involved in information dissemination

Stakeholder consultations

Meetings at community/ household level with titleholders of affected land/property and their family members during project scoping. Women’s participation in the project meetings, through sex disaggregated focus groups and meetings held at times conducive to women attendance.

DSC consultants and SO with assistance of PIU / DC’s office/local revenue officials will facilitate meetings to disclose the information to each AP.

RP/DDRs Preparation Phase

SIA surveys Carry out a 100% census survey, 100% socio-economic survey for subprojects less than 100APs, and 10% sample survey for subprojects with more than 100APs.

SO with inputs from the Safeguard Specialist of the DSC.

Formulating compensation and resettlement assistance measures

Web disclosure of the DDR. Circulating copies of RPs to all stakeholders including APs if any, translating summary DDR in local language before conducing final disclosure meeting. Conducting public meetings for DDR approval.

DSC consultants will undertake all activities related to circulation of DDRs. PIU will arrange public meeting of all stakeholders with stakeholders for DDR approval.

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Program Phase

Activities Details Responsible Agency

Disclosure of final entitlements and rehabilitation packages

Public notice will mention the names and survey no's of titleholders of land/property proposed for acquisition along with sub-project details. Notice will be issued in local newspapers.

Notice will be issued from the DC’s office.

RP/DDRs Implementation Stage

Disclosure of DDRs Final DDR reviewed and approved by ADB, to be updated/disclosed as per the disclosure requirements for the project

PMU

Consultation with stakeholders during project implementation

Meetings/discussions will be arranged with stakeholders.

ULB / panchayats will arrange required meetings /discussions. Designated staff from PIU will participate.