Himachal Pradesh Gazette, No. 157, 21 October 2022

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राजपत्र, हिमाचल प्रदेश हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशित शुक्रवार, 21 अक्तूबर, 2022/29 आश्विन, 1944

हिमाचल प्रदेश सरकार

'DRAFT'

Rehabilitation and Resettlement Scheme

for affected families

of

Mohal Lunsu, Khaira, Jaishi, Bharara, Talah, Ogli, Kothi, Malgi, Bathora, Pandoa, Grehana Tehsil

Sunni and Mohal Majrog & Jhunjan, Tehsil Kumarsain Distt. Shimla

due to acquisition for

Sunni Dam Hydro Electric Project

(382 MW)

157-राजपत्र/2022-21-10-2022 (5977) 5978 राजपत्र, हिमाचल प्रदेश, 21 अक्तूबर, 2022/29 आश्विन, 1944 OFFICE OF THE ADDL. DISTRICT MAGISTRATE-CUM-ADMINISTRATOR, DISTT. SHIMLA, (H.P.)

1. BACKGROUND, HISTORY OF PROJECT AND NEED FOR

FORMATION OF R&R SCHEME.

REHABILITATION AND RESETTLEMENT SCHEME FOR THE REHABILITATION

OF PROJECT AFFECTED FAMILIES DUE TO ACQUISITION OF LAND MEASURING

44-25-41 HECTARES (588.00 BIGHA) IN RESPECT OF MOHAL LUNSU, KHAIRA,

JAISHI, BHARARA, TALAH, OGLI, KOTHI, MALGI, BATHORA, PANDOA, GREHANA

OF TEHSIL SUNNI AND MOHAL JHUNJAN & MAJROG, TEHSIL KUMARSAIN,

DISTT. SHIMLA (H.P.)

Requiring body/Executing Agency: SJVN Limited

Name of Project: Sunni Dam Hydro Electric Project (382 MW)

1.1 BACKGROUND, HISTORY AND PROVISON FOR THE REHABILITATION AND

RESETTLEMENT SCHEME:

Sunni Dam Hydro Electric Project (382 MW) has been allotted to the M/S SJVN Limited which is joint venture of Govt. of India and Govt. of Himachal Pradesh vide letter No. HPDOE/CE (Energy)/ Luhri HEP/Vol-II/2017-4679-80 Dated 29.08.2017 of the Director, Energy, HP for construction and operation. For the execution of above project, the Govt. of HP department of MPP & Power has issued notification No. MPP-F(5)-8/2018-II dated 19.01.2021 under section 11(1) of the RFCTLARR, Act, 2013 hereinafter act, 2013 for land measuring 44-25-41 Hectare (588.00 Bigha) situated in Mohal Lunsu, Khaira, Jaishi, Bharara, Talah, Ogli, Kothi, Malgi, Bathora, Pandoa, Grehana of Tehsil Sunni and Mohal Jhunjan & Majrog, Tehsil Kumarsain, Distt. Shimla (H.P.)in favour of M/s SJVN Ltd. In the above notification the ADM, Shimla has been appointed as administrator for preparing the Rehabilitation and Resettlement Scheme hereinafter R&R Scheme u/s 16 of the act, 2013 read with Rule-7 of the H.P. RFCTLARR (Compensation, Rehabilitaion & Resettlment and Development Plan) Rule, 2016 hereinafter Rules, 2016 for the affected families of above villages. Further, ADM, Shimla vide his office letter No. SML-Rev (Land Acq.)-2020/-1617 dated 06.03.2021 has directed the SDM, Shimla (Rural) and SDM, Kumarsain even letter no dated 08.06.2021 to proceed further as per provisions of ibid act and rules.

1.2 Rule 7 of the Rules, 2016 provides that Administrator has to conduct a survey and undertake a census of the affected families within a period of two months. Keeping in view the direction given by H.P. Govt. door-to-door survey and census of the affected families was required to be completed w.e.f. 20.02.2021 to 19.04.2021. But due to Covid-19 this task could not be completed within the stipulated period. After completing survey and census work, Tehsildar, Sunni and Kumarsain detailed draft of R&R Scheme for Mohal Lunsu, Khaira, Jaishi, Bharara, Talah, Ogli, Kothi, Malgi, Bathora, Pandoa, Grehana, Tehsil Sunni and Mohal Jhunjan & Majrog, Tehsil Kumarsain, Distt. Shimla prepared as per provision in HP RFCTLARR, Act, 2013.

Before start of door-to-door survey and census the provisions of the Act, 2013 and Rules 2016 were gone through thoroughly, the definitions given in the Act, 2013 were found appropriate to discuss the same which are relevant for the preparation of the draft Resettlement and Resettlement Scheme. Therefore, such definitions provided under Section 3 of the Act, 2013, are reproduced as under:—

RESETTLEMENT SCHEME:

o Land is being Acquired for reservoir purpose. Therefore, this Rehabilitation and Resettlement Scheme shall be implemented six months prior to submergence of land.

o Families being displaced are rehabilitated well before taking possession of dwelling houses.

o Rehabilitation and Resettlement monitory benefits detailed in this scheme be paid to the affected families alongwith compensation of land.

3. DEFINATIONS:—

(c) "Affected Family" includes:

(i) A family whose land or other immovable property has been acquired.

(ii) A family which does not own any land but a member or member of such family may be agricultural labourers, tenants including any form of tenancy or holding of usufruct right, share croppers or artisans or who may be working in the affected area for three year prior to the acquisition of land, whose primary source of livelihood stand affected by the acquisition of land.

(iii) The Schedule Tribes and other traditional forest dwellers who have lost any of their forest rights recognized under the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 due to acquisition of land.

(iv) Family whose primary source of livelihood for three years prior to the Purchase of land is dependent on forest or water bodies and includes gatherers of forest produce, hunters, fisher's folk and boatmen and livelihood is affected due to acquisition of land.

(v) A member of the family who has been assigned land by the State Government or the Central Government under any of its scheme and such land is under acquisition of land.

(vi) A family residing on any land in the urban areas for proceeding three years or more prior to the acquisition of land or whose primary source of livelihood for three years prior to the acquisition of land is affected by the acquisition of land.

(k) "Displaced Family" means any family, who on account of acquisition of land has to be relocated and resettled from the affected area to the resettlement area.

(m) "Family" includes a person, his or her spouse minor children, minor brother and minor sister dependent on him provided that widows, divorcees and women deserted by families shall be considered separate families.

Explanation.—An adult of either gender with or without spouse or children or dependents shall be considered as a separate family for the purpose of this Act.

(r) "Land owner" includes any person;

(i) Whose name is recorded as the owner of the land or building or part thereof, in the record of the authority concerned; or 5980 राजपत्र, हिमाचल प्रदेश, 21 अक्तूबर, 2022/29 आश्विन, 1944 (ii) Any person who is granted forest rights under the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or under any other law for the time being in force; or

(iii) who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or

(iv) any person who has been declared as such by an order of the court or authority.

3.1 Thus, in view of the provisions given in the definition of the word "family" vide clause (m) of Section 3 of the Act, 2013, it is quite clear that for the purposes of this Act and for the finalization of the Resettlement and Rehabilitation Scheme, the adult members of a household of either gender with or without spouse or children or dependants are to be considered as a separate family and all such families shall be in the category of the "affected families" if they satisfy the conditions laid in sub-clause (i) to (vi) of the clause (c) of Section 3 of the Act, 2013 which defines the "affected family".

3.2 The field survey and census work started by the field revenue staff of Tehsil Sunni and Kumarsain on 20.02.2021. There are 1773 landowners of Tehsil Sunni and Kumarsain. Out of above landowners some landowners were residing at unknown places as their address was not forthcoming even after making enquiry from neighbour landowners. The field staff reported difficulties being faced by them in collection of data and to find out the address/Mobile Nos. of those landowners who are residing out of the affected area. The land is contiguous to left bank of river Satluj.

3.3 Finally even after hindrance due to Covid-19 and field difficulties, survey of all kind of trees, structures enumerated in the presence of landowners and after door-to-door survey & census data pertaining to landowners and tenants their land holding, Aadhar No., land under acquisition , landless agriculture labourers who lost livelihood due to acquisition of land, common and Govt. property under acquisition , displaced families, infrastructure in the affected area, traders or businesses, village artisans in the affected area, landless and houseless families and Scheduled Castes and Scheduled Tribes families, handicapped or physically challenged persons in the affected area etc. were collected.

4. Elements of Rehabilitation and Resettlement Entitlements

5982 राजपत्र, हिमाचल प्रदेश, 21 अक्तूबर, 2022/29 आश्विन, 1944

On the basis of data collected under Section 16(1) to 16(3) of the Act, 2013 and Rule 7(1) to 7(4) of the Rules 2016 and other related records this draft Rehabilitation and Resettlement Scheme of Mohal under acquisition was drawn up strictly keeping in view the above entitlements in respect of affected families defined under Section 3(c)(i) to 3(c)(v) and 3(m) of the Act2013 which is as under:—

Sl. No.-4 (i) 'DRAFT' Rehabilitation and Resettlement Scheme for affected families of Mohal Khaira, Gram Panchayat, Chebri, Tehsil Sunni, Distt. Shimla due to acquisition for Sunni Dam Hydro Electric Project (382 MW)

Mohal Lunsu :

In this Mohal land measuring 01.1729 Hectare (15-12 Bigha) from 90 landowners is under acquisition which is contiguous to right bank of river Satluj and this area falls under Gram Panchayat, Chebri, Distt. Shimla.

Particulars of land owners, tenants, land holding, land under acquisition, Aadhar Number and Landless agricultural labourer etc., collected during survey and census of this Mohal are as under:— (i) Particulars of landowners with Aadhaar number their total land holding, land and immobile property or assets attached to the land which are to be acquired: -5983 राजपत्र, हिमाचल प्रदेश, 21 अक्तूबर, 2022/29 आश्विन, 1944 During the survey and census particulars of landowner's, Aadhar No., Landless, Agricultureal labour details of their land holdings, under acquisition have been prepared and tabulated as under:—

Table No.1

महाल लुणसू, तहसील सुन्नी, जिला शिमला (हि.प्र.) में अर्जित की जा रही भूमि, अचल सम्पति व मालकान का विस्तृत विवरणः--

5984 राजपत्र, हिमाचल प्रदेश, 21 अक्तूबर, 2022/29 आश्विन, 1944

5986 राजपत्र, हिमाचल प्रदेश, 21 अक्तूबर, 2022/29 आश्विन, 1944

5988 राजपत्र, हिमाचल प्रदेश, 21 अक्तूबर, 2022/29 आश्विन, 1944

विवरण भू-मालकान जिनकी सम्पूर्ण भूमि अर्जन के उपरान्त भूमिहीन हो रहे हैं व आजीविका प्रभावित हुआ हो।

In this Mahal, no landless and nither there livelihood has been affected due to acquisition of land.If any land owners is becoming houseless then affidavit should be taken from him/her.

__________

Table No. 3

अधिग्रहण के अधीन मकानों का विवरण

विवरण मालकान के रिहायशी मकान अर्जन के कारण मकानहीन हो रहे हैं की सूची

(1) List of houses under Acquisition: In Mohal Lunsu, no houseless are under acquisition.

_________

Table No. 5

अर्जन से पूर्व ही भूमिहीन व जिनकी आजीविका का मुख्य स्त्रोत अधिग्रहित की जाने वाली भूमि पर निर्भर है, भूमि पर किराएदार, राजस्व अभिलेख में दर्ज काश्तकार इत्यादि अर्जन के कारण आजीविका खोने वालों की सूची

(1) Particulars of a family which does not own any land but a member of agricultural

labourer, tenants or holding of usufructright, share coppers, artisans who are working

in the affected area for the last 3 years prior to the acquisition of the land whose

primary sources of livelihood stand affected by the acquisition of land.

During the survey and census, no case of affected families were found whose primary sources of livelihood stand affected.

प्रभावित क्षेत्र में अनुसूचित जाति एवं अनुसूचित जन जाति, मानसिक विकलांग, शारीरिक विकलांग मालकान जिनकी भूमि अर्जित की जा रही है एवं अन्य इसी प्रकार के स्थानीय निवासियों की सूची

(i) Particulars of Scheduled Tribes and other traditional forest dwellers who lost any of

their forest rights due to acquisition of land.

No private forest land is under acquisition affecting the rights. Hence, Nil.

(ii) Particulars of family whose primary source of livelihood for 3 years prior to the

acquisition of the land is dependent on forestor water bodies and includes gatherers of

forest produce, hunters, fisher folk and boatmen and such livelihood are affected due

to acquisition of land.

During the survey and census no such family found.

(iii) A member of the family who has been assigned land by the State Govt. or the Central

Govt. under any of its schemes and such land is under acquisition.

Nil.

(iv) Particulars of trades or businesses in the affected area.

Nil.

(v) List of persons belonging to the Scheduled Castes or the Scheduled Tribe the

handicapped or physically challenged persons in the affected area.

No Scheduled Caste families is under acquisition and no land of Scheduled Tribe is under acquisition. Detail of such families are given.

Table No. 7

विवरण सार्वजनिक उपयोगिताओं और सरकारी भवनों की सूची जो प्रभावित या प्रभावित होने की संभावना है, जहां प्रभावित परिवारों का पुनर्वास किया जाना है

5994 राजपत्र, हिमाचल प्रदेश, 21 अक्तूबर, 2022/29 आश्विन, 1944 (i) Particulars of public utilities and Govt. buildings which are affected or likely to be affected, where resettlement of affected families is involved.

Nil

Table No. 8

उन सुविधाओं और आधारभूत संरचनात्मक सुविधाओं का विवरण जो प्रभावित या प्रभावित होने की संभावना है, जहां प्रभावित परिवारों का पुनर्वास किया जाना है की सूची

(i) Details of the amenities and infrastructural facilities which are affected or likely to be

affected, where resettlement of affected families is involved.

Nil

(ii) Details of any common property resources being acquired.

Nil

(iii) List of infrastructures in the affected area.

Nil

(iv) Particulars of entitlements On the basis of above, the rehabilitation and resettlement entitlements of each affected family in accordance with Schedule-II of Act, 2013 in respect of Mohal Lunsu is nil.

Table No. 9

अर्जन किए जा रहे सामूहिक सम्पत्ति व संसाधनों का विवरण

Table No-10

महाल लुणसू, तहसील सुन्नी, जिला षिमला, हिमाचल प्रदेश में अर्जित की जा रही निजी भूमि के भू-मालिकों का उस भूमि पर निर्भरता का विवरण

5998 राजपत्र, हिमाचल प्रदेश, 21 अक्तूबर, 2022/29 आश्विन, 1944

उपरोक्त के आधारपर, पुनर्वास और पुनव्र्यवस्थापन के लिए अधिनियम, 2013 की अनुसूचि-।। के अनुसार मोहाल ललुणसू के प्रत्येक परिवार निम्न आर्थिक देयता के पात्र होंगेः-

Table No.-11

ADDL. DISTRICT MAGISTRATE-CUM-ADMINISTRATOR,

DISTT. SHIMLA (H.P.).

___________

Sl. No.-4 (ii)

'DRAFT'

Rehabilitation and Resettlement Scheme

for affected families

of

Mohal Khaira, Gram Panchayat, Chebri, Tehsil Sunni, Distt. Shimla

due to acquisition for

Sunni Dam Hydro Electric Project

(382 MW)

Mohal Khaira :

In this Mohal land measuring 9.9689 Hectare (132-9 Bigha) from 361 landowners is under acquisition which is contiguous to right bank of river Satluj and this area falls under Gram Panchayat, Chebri, Distt. Shimla.

Particulars of land owners, tenants, land holding, land under acquisition, Aadhar Number and Landless agricultural labourer etc., collected during survey and census of this Mohal are as under:—

(i) Particulars of landowners with Aadhaar number their total land holding, land and

immobile property or assets attached to the land which are to be acquired:—

During the survey and census particulars of landowner's, Aadhar No., Landless, Agricultural labour details of their land holdings, under acquisition have been prepared and tabulated as under:—

Table No.1

महाल खैरा, तहसील सुन्नी, जिला शिमला (हि.प्र.) में अर्जित की जा रही भूमि, अचल सम्पति व मालकान का विस्तृत विवरण